Gruler v. McRoberts

This is a summary proceeding for the recovery of the possession of lands. It was begun before a circuit court commissioner by a complaint, sworn to March 6, 1880, upon which a summons issued the next day. The defendant pleaded in abatement the pendency of a former proceeding, begun October 1, 1879, before a justice of the peace, tried October 15, 1879, resulting in a judgment for complainant, which was appealed to the circuit court, where it is now pending and undetermined. The complainant took issue upon this pléa, and the commissioner returns that he overruled it and gave judgment for…