Graham v. McCarty & Brown

Acker, Judge.

The Revised Statutes, article 1262, provides that “the defendant in his answer may plead as many several matters, whether of law or fact, as he shall think necessary for his defense, and which may be pertinent to the cause; provided that he shall file them all at the same time and in due order of pleading.” After answering by general and special demurrer, and general denial, appellees filed a plea in abatement to the jurisdiction of the court, to which appellee Brown made the following affidavit: “That the facts set forth in defendant’s first special plea in regard to…