Hall v. Matthews

NEALON, Chief Justice.

This is an appeal by way of writ of error from a judgment of the County Court of Brewster County sustaining a general demurrer to plaintiff’s (appellant’s) petition. Defendant’s pleadings contained a general demurrer in the usual form and a pleading styled a plea in abatement, which was not filed in due order. The third paragraph of the so-called plea in abatement was sustained by the Court. That paragraph was really a general demurrer, being merely an exception upon the ground that the petition “fails to set out or sufficiently describe or declare upon or allege any…