O'Laughlin v. Prockish

The opinion of the court was delivered by

Dawson, J.:

The appellant complains because the trial court overruled his “plea in abatement.” The action, which was for forcible detainer, originated in the justice court and was appealed to the district court. Two juries in that court failed to agree, and the cause was continued to a later term, by which time the defendant had vacated the premises. The plea in abatement was based upon that fact, also upon the fact that certain orders of court in another action had brought about the eviction of the appellant, and'consequently that the questions…