
    3507.
    Beckwith v. Mansfield Lumber & Construction Co.
    Decided January 15, 1912.
    Complaint; from city court of Covington — Judge Whaley.
    May 20, 1911.
    
      Rogers & Knox, for plaintiff in error.
    
      R. W. Milner, contra.
   Hell, C. J.

1. A judgment in favor of the defendant, upon a plea in abatement not affecting the merits of the case, can not be successfully pleaded in bar of a subsequent suit on the same cause of action.

2. No error of law appears, and the evidence fully supports the verdict.

Judgment affirmed.  