Supreme Court of the United States March 31, 1884, 256 (Stephens v. Monongahela Bank)

Mr. Chief Justice Waite

delivered.the opinion of the court.

As to the first of these defences, it is sufficient to say that the plea of another action pending is a plea in abatement, Baa. Abr. Abatement M; Com. Dig. Abatement H, 24; 1 Chitty’s

Pl. 10,

Am. Ed. 453 ; 3 id. 903, note y; and by § 1011 of the Rev. Stat. which is a re-enactment of a similar provision in the Judiciary Act of Sept.