Boston & M. R. v. Gokey

MARTIN, District Judge.

The petition in this case alleges, in substance, that the petitionee pretended to bring a suit against the petitioner, but did not make valid service, in that there was not 21 days given it to answer before the term of court to which it was called upon to answer, and that there were other defects in the service of the original process; that it appeared for the sole purpose of moving to dismiss, and to plead an abatement; that -the court overruled the motion to dismiss and, upon demurrer by the petitioner to the petitionee’s reply to the plea in abatement, held the…