Jackson Lumber Co. v. W. T. Smith Lumber Co.

SIMPSON, Justice.

This is an appeal, with petition for alternative review, by mandamus, from an interlocutory order sustaining demurrer to a plea in abatement.

Appellant, Jackson Lumber Company, plaintiff in the circuit court, interposed the plea in abatement to a cross-action filed by the defendant (appellee) by way of set-off against the claim of appellant. It is from the order of the trial court sustaining the demurrer to this plea in abatement that the plaintiff undertakes the stated review.

It is quite manifest that there is no provision of law for this premature review of the questioned…