Eden v. D. M. Osborne & Co.

STEPHENS, Associate Justice.

This suit arose in the County Court in the year 1891, being an action against the constable and the plaintiff in execution for the value of several bales of hay claimed to have been exempt property.

The value of the hay was alleged in an amount exceeding $200, and on the first trial, after an answer to the merits, a plea in abatement to the jurisdiction was interposed and sustained; but because it had not been filed in the due order of pleading, that judgment on appeal to this court was reversed and the cause remanded. 29 S. W. Rep., 414.

Thereafter, October 17,…