Elmasian v. Daley

This is an action in assumpsit for use and occupation. The case was submitted on the pleadings without oral argument to a justice of the superior court who overruled the plaintiffs’ demurrer and sustained the defendants’ plea in abatement. The case is before us on the plaintiffs’ bill of exceptions to the sustaining of the defendants’ plea in abatement.

The plaintiffs issued their writ in assumpsit for use and occupation to which defendants filed a plea in abatement alleging that the same cause between the same parties was pending in the superior court on an appeal by defendants from the sixth…