Baker v. Tormey

In the view we take of this case only two questions require consideration:

1. Did the court err in refusing to sustain the plea in abatement interposed by Georgia Casualty Company and in entering judgment against it?

2. Did the court err in ignoring the defense of Weston Tormey based upon sec. 330.19, Stats., and in entering judgment against him?

Although the answers which this court must make to the questions for decision will fully dispose of the appeals, we deem it wise to review briefly the facts upon which 'the action is based.

On April 11, 1929, at about 5 :30 p. m., the plaintiff was…