Eisminger v. Mitchell

This 'action was commenced in the common pleas court of Oklahoma county. Plaintiff (plaintiff: in error here) sued on open account. Among other defenses, defendant pleaded that there was another action pending in a justice of the peace court of Oklahoma county involving the same parties 'and the same issues, except as to amount. The identity of the causes of action in the justice court and .the common pleas court is admitted. After hearing all of the evidence, including the evidence on this special issue, and without passing upon the merits of the controversy, the common pleas court found…