Gheesling v. Louisville & Nashville Railroad

J. T. Gheesling brought an action against the Louisville & Nashville Railroad Company to recover damages for alleged loss of freight. The defendant filed a plea in abatement, alleging that the present suit was a renewal of a former suit for the same cause of action -by the plaintiff against the defendant, which had been dismissed, and that the present suit had been instituted and filed without payment by the plaintiff of the costs which had accrued in the former suit, and that by reason of the *486nonpayment of costs the present suit could not lie and should be abated.

It appeared, without…