WORRILL, J.
1. Where to the petition in the City Court of Floyd County seeking damages for fraud and deceit, the defendant filed what was denominated as a special plea in bar, alleging that one of the plaintiffs had filed his suit in the Superior Court of Floyd County against the defendants, and that a copy of the said suit was attached, that in the said case a verdict for the defendants was directed, that the plaintiff therein appealed that judgment to the Court...
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