Ford v. Bowden

THOMAS, Justice.

The rulings on plea in abatement, replication and demurrer thereto are assigned as error.

The complaint was to the effect that the defendant wrongfully took possession of the body of his deceased sister and- wrongfully retained the same after due demand therefor.

To plaintiff’s complaint as last amended and each count thereof defendant filed a plea in abatement, charging, among other things, that plaintiff, prior to the time he brought his suit in the circuit court, had filed suit against the same parties for a like cause in another court. To this plea in abatement, plaintiff…