McLaurin v. Fields

Fields brought suit against McLaurin, alleging the breach of a contract. The defendant, in addition to an answer to the plaintiff’s petition, had filed a demurrer and a plea in abatement. When the case was called for trial the defendant invoked, the ruling of the court first upon his demurrer, but the court declined to rule first upon the demurrer, and forced him to trial upon the plea in abatement. After hearing the evidence upon this plea, the court directed the jury to find against the plea in abatement. The court then overruled the defendant’s demurrer- and proceeded with the trial, which…