Lykins v. Pieratt

Clay, Commissioner

Affirming.

This suit was brought in the Menifee Circuit Court by appellees to recover damages for appellant’s alleged breach of á timber contract. The latter filed a special demurrer alleging that a prior action was pending in the Wolfe Circuit Court “between the same parties over the same subject matter.” This demurrer was overruled and the parties went to trial, resulting in a verdict for appellees.

The only question raised on this appeal is whether or not the Menifee Circuit Court properly overruled the special demurrer which constituted a plea in abatement.

Appellant and…