The pendency of a prior action in another state shall not abate an action between the same parties for the same cause in this state.
(Civil Code 1895, § 3738; Civil Code 1910, § 4332; Code 1933, § 3-602.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 1 Am. Jur. 2d, Abatement, Survival, and Revival, §§ 11, 18.
C.J.S.- 1 C.J.S., Abatement and Revival, § 70 et seq.
ALR.
- Statute requiring filing of formal notice of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.
Action or suit as abating mandamus proceeding or vice versa, 37 A.L.R. 1432.
Abatement by pendency of another action as affected by addition or omission of parties defendant in second suit, 44 A.L.R. 806.
Res judicata as available in support of demurrer, 101 A.L.R. 1325.
Pendency of criminal prosecution as ground for continuance or postponement of civil action involving facts or transactions upon which prosecution is predicated, 123 A.L.R. 1453.