Lorey v. Cox

The opinion of the court was delivered by

Wedell, J.:

The defendant appeals from an order overruling her demurrer to a petition. The sole ground of the demurrer was another cause of action was pending between the same parties for the same cause.

In support of appellant’s demurrer she offered in evidence the record of another pending action. Appellant states the only issue on appeal is whether the cause of action alleged in the instant petition is the same cause of action set forth in the previously filed and pending case. Appellant is in error. We are not presently concerned with that question.…