Wade v. Calhoun National Bank

An application for the grant of an interlocutory injunction to restrain sale under an execution, or its enforcement in any way, was heard at chambers. Among other things the defendant filed a plea in the nature of a plea in abatement, setting up that substantially the same relief was sought under the pleadings of the parties in another litigation already pending, although not all the grounds of attack on *395the judgment raised in the present ease were then embraced. It was alleged that these grounds could be set up in the former case by amendment. The presiding judge passed an order containing,…