Sec.  356.  When  suit  not  deemed  vexatious  in  other  jurisdictions.
SEa  357.  When  former  action  not  a  bar.
Seo.  358.  Practice  in  New  York  where  another  lis  pendens.
SEa  359.  Forcible  entry  and  detainer  and  distress  for  rent

SEa  360.  In  garnishee  process.
SEa  361.  Actions  different.
SEa  362.  When  both  suits  should  be  tried.
SEa  363.  There  must  be  service  of  summons.
Sec.  364.  Lis  pendens  no  bar  to  cumulative  remedies  of  mortgaga

SEa  365.  Issue  as  to  debt  on  plea.
Sec.  366.  When  service  after  second  suit  commenced  not  prior  suit.
Sec.  367.  Where  one  suit  is  brought  for  the  use  of  another.
SEa  3()8.  Plea  in  mandamus.
SEa  369.  When  one  suit  against  the  oillcer  and  the  other  against  the

deputy,  etc.
Ssa  370.  Character  of  proof  of  lis  pendens.
The  plea  in  abatement,  prior  action  pending.
Sec.  343.  The  pendency  of  a  prior  action  between
the  same  parties  and  in  the  same  cause  may  be  plead
in  abatement  in  a  subsequent  suit.  This  is  the  gen-
eral rule.
There  are  numerous  exceptions  to  the  rule,  which


388


LAW  OF  LIS  PENDENS.
will  be  noticed  hereafter.  In  order  that  the  defense
may  prevail,  it  must  be  shown  by  the  pleadings  and
the  proof  that  the  prior  action  is  still  pending  at  the
time  the  defense  is  interposed. (1)


(1)  Moore  et  al.  v,  Eessler,  59  Ind
153;  Tracy  v.  Reed,  4  Blaokf.  56;
Bryan  v.  Alfred,  1  Tex.  Ot.  of  App.
See.  85,  CSv.  Oaa ;  Toland  v.  Ticknor,
3  Bawle,  320;  Horn  v.  Jones  et  aL,
28  Cal.  194;  Loyd  v.  Reynolds  et
als.,  29  Ind.  299;  Dawson  v.Vaughny
42Ind.395.
