Wanner v. Martin

To plaintiff’s declaration defendant filed a plea in abatement, and to this plea plaintiff demurred. The demurrer, coming on to be heard, was sustained, with leave to defendant to plead issuably. De*504fendant sued out a writ or error. It is objected on the part of appellee that the order of the court below is not final. We are referred to the case of Campbell v. Hudson, 106 Mich. 523 (64 N. W. 483), as authority for the proposition that the order sought to be reversed is final. In that case a demurrer to a plea was overruled, and it was said by this court that, although not final in form, the…