Allen & Bean, Inc. v. Miller

The Chancellor sustained pleas in abatement of defendant, W. L. Miller, and dismissed the suit of Complainant, Allen and Bean, Inc.; and complainant has appealed.

On February 3, 1965, at 9:35 A.M., complainant filed its original bill against defendant, alleging that he was a resident of Dalton, Georgia, but was presently in Davidson County, Tennessee. On the same date, subpoena to answer was served upon defendant in Davidson County.

On February 19, 1965, a plea in abatement was filed by defendant alleging that:

‘ ‘ 1. The defendant W. L. Miller is a resident of Dalton, Whitfield County, Georgia,…