Kovner v. Dubin

The demurrer to the plea in abatement in this court questions the legal sufficiency of the three grounds of abatement. The second of these is that it does not appear that the writ was allowed by a judge or clerk of the City Court, and the third is that the bill of exceptions was not filed within forty-eight hours from the entry of the judgment of the City Court. Both of these grounds are untenable, and counsel stated in argument that they were not pressed. The first and only ground of abatement then, which we are called upon to consider, is whether the law requires that the paper served upon…