Bank of the Commonwealth v. Hopkins

delivered the' Opinion of the Court.

To a petition and summons, brought by “the President and Directors of the Bank of the Commonwealth of Kentucky” against James S. Hopkins and others, the defendants pleaded that, prior to the institution of that suit, the same plaintiffs having sued -the same defendants, on the same note, and for the “same” cause of action, that suit was, by the judgment of the court, still remaining in full force and unreversed, ‘■'■dismissed agreed.”

The circuit court having adjudged that defence good, and the plaintiffs having failed to reply to it, judgment was.rendered…