WYATT, Justice.
1. The first question presented is whether or not the pendency of the certiorari proceeding is a bar to the present proceeding. Code § 3-601 provides as follows: "No suitor may prosecute two actions in the courts at the same time, for the same cause, and against the same party, and in such a case the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously; and the pendency of the former shall be a good...
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