Stephens v. Wheeler

The following opinion was filed April 5, 1927:

Under our Code of Civil Procedure a “plea in abatement” to raise the question of whether the plaintiff’s action is premature is something of an anomaly. No specific provision for it is found in the statutes anywhere except that it is mentioned in sec. 355.09, Stats., as a method of raising objections to an indictment or information. Such a distinctly common-law plea was proper for a time in this state not only by the express preservation of the common law by sec. 13, art. XIV, Const., but by early legislative action, as is shown by sec. 6, ch. 93,…