Cantrell v. Davis

1. The pendency of a former suit for the same cause of action, between the same parties, is not a cause for the abatement of the second action, where it appears on the face of the proceedings that the first action was instituted in a court that had no jurisdiction of the subject-matter of the suit. Civil Code (1910), § 5678; Wilson v. Atlanta, Knoxville & Northern Ry. Co., 115 Ga. 171 (41 S. E. 699), and cit. In such a case the general rule that the determination of the question as to the jurisdiction of a particular court is a matter solely for the decision of that court does not apply.…