Per Curiam.
(1)
The defendant pleads the pendency of an action against him in Massachusetts for the same cause upon which this action is based. The mere pendency of a suit in one State cannot be pleaded in abatement or in bar of a second action in another State between the same parties for the same cause of action. Black. Judg. § 865 and cases cited;
Stanton
v.
Embry,
93 U. S. 548;
Allen
v.
Watt,
69 Ill. 655
;
Cole
v.
Flitcraft,
47 Md. 312;
Paine
v.
Schenectady Co.,
11 R. I. 411.
Cooke & Angelí,
for plaintiff.
Page <&
Page, for defendant.
Plaintiff’s demurrer to plea of
Us penclens
sustained.
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