Title 9, Chapter 2, Section 44
( 9-2-44)
(a) A former recovery or the pendency of a former action for the
same cause of action between the same parties in the same or any
other court having jurisdiction shall be a good cause of abatement.
However, if the first action is so defective that no recovery can
possibly be had, the pendency of a former action shall not abate the
latter. (b) Parol evidence shall be admissible to show that a matter
apparently covered by the judgment was not passed upon by the court. |