JOHNSON v. BROWN-SERVICE INSURANCE CO.

SC 748.

307 So.2d 518 (1974)

In re Douglas JOHNSON et al. v. BROWN-SERVICE INSURANCE CO., a corp., et al. Ex parte Douglas Johnson et al.

Supreme Court of Alabama.

Rehearing Denied February 20, 1975.


Attorney(s) appearing for the Case

Tipler, Fuller & Barnes, Andalusia, for petitioners.

Edwin C. Page, Jr., Evergreen, Ira L. Burleson, Ralph B. Tate, Birmingham, for respondents.


MADDOX, Justice.

Alabama law provides that no one is entitled to prosecute two actions in the courts of the state at the same time, for the same cause and against the same party. Title 7, § 146, Code of Alabama, 1940 (Recomplied, 1958).

The issue presented by this petition is whether suitors who had filed a prior suit in state court and a subsequent one in federal court could be required to elect which one they...

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