Bischoff v. Theurer

In this case, the plea of litis pendente must be first noticed.

The defendant being sued upon three promissory notes made by him payable' to his own order, pleaded in limine UUs, as an exception, the pendency of another suit between the same parties, and for the same cause of action in a court of concurrent jurisdiction, which plea was overruled by the Court.

The action pleaded in bar to this suit, was instituted by the defendant against his wife, for a separation from bed and board, and also to annul the notes sued upon, on the ground that he had originally given them to his wife, without…