McPherson v. Gay

Whether the plea in abatement was in time or not, it was no answer to count 1 of the complaint. The substance of the plea was that the defendant McPherson resided in Blount county, and should have been sued there; yet count 1 charges that the tort was committed in part in Jefferson county, and, that being the ease, the defendant McPherson was suable in that county. ,

Count 4, the only other count that went to the jury, was for an assault and battery and it does not aver in which county the assault was committed, and the plea in abatement may not have been bad as an answer to said count on its…