Newman v. Kiser

The appellee has filed a verified plea to the appellants’ assignment of errors and has given notice as required by our rules, although it is probable that the notice is not quite so definite as the rule upon the subject requires, but inasmuch as there is an appearance and no objection to the form of the notice, its lack of certainty is immaterial.

The practice of answering the assignment of errors by a plea in bar or in abatement in cases where there is matter in bar or abatement which occurs after the rendition of the judgment is generally appropriate and proper, for assignments of error may…