Cornelius v. Vanarsdallen's Administrator , 3 Pa. 434 ( 1846 )

Per Curiam.

To sustain a plea of the pendency of a prior action, it is necessary not only that the cause of action, but the parties also, be the same. Hete the plaintiff could not go .on because he had sued as the representative of a wrong party, and he was consequently compelled to bring a new action. He therefore did not unnecessarily vex.the defendant; and he was properly allowed to proceed. . - . Judgment affirmed. ■