Board of Public Works v. Pinch

The nature of this case and the issues involved sufficiently appear from the following statement and findings of facts of the circuit judge, viz.:

“This is an action in assumpsit in which plaintiff declares upon a written guaranty, of debt and upon the common counts in assumpsit.

“The defendant interposed a plea in abatement, setting *518forth that plaintiff was not a party competent to maintain the cause of action declared upon. Plaintiff filed a replication to said plea. The cause was commenced in justice’s court, and trial was first had upon the plea and replication.

‘ ‘ The justice before whom…