Jones v. Snodgrass

"Wagner, Judge,

delivered, the opinion of the court.

The plaintiffs instituted a suit by attachment under the Landlord and Tenant Act, and the defendant filed in the cause a plea in the nature of a plea in abatement. The issues being made up and tried, on this plea they were found for the defendant and judgment was rendered thereon. From this j udgment the plaintiffs appealed.

Under our present statute, a judgment on a plea in abatement for the defendants, does not abate the suit, but it still continues as in an ordinary action, (1 Wagn. Stat., p. 189, § 42,) and proceedings by attachment under…