Nones v. Homer

By the Court.—Brady, J.

—The defendant pleaded as a-separate defence to this action that the plaintiff had commenced an action for the same cause set forth in the complaint; that *248the defendant had answered in such action, denying the right of the plaintiff to recover; that the issues formed were tried upon the merits, passed upon by the jury, and a verdict rendered, and that final judgment was thereafter regularly and in due form entered in said action upon said verdict. Upon the trial of the present action, the defendant proved the facts just stated, except that judgment final was in due form…