Rea v. Pickthorn

1. A motion was made by the defendant to dismiss the suit, upon the ground of an inconsistent election in a former suit. After hearing evidence in support of the motion, the court sustained it by a judgment as follows: “The within petition, on motion of defendant’s counsel, is dismissed on the ground that the plaintiff, having elected to sue on the notes mentioned in the contract attached to the petition, is estopped to maintain this petition.” The only assignment of error is as follows: “ To this order and judgment so dismissing his petition, the plaintiff ff. H. B. Rea then excepted and now…