Harkins v. Harkins

Quillian, Presiding Judge.

Mary S. Harkins filed a proceeding against Miriam Ferrell Harkins, as a tenant holding over. The defendant filed an answer asserting that the complaint failed to state a claim against defendant upon which relief could be granted and denying each and every allegation contained in the complaint. The defendant demanded a jury trial.

On March 6,1979, prior to the time of, but on the day of, the trial, the defendant filed a motion to dismiss or in the alternative a plea in abatement. On that same day, the defendant’s motion came on for, what we construe to be, a pretrial…