Thompson v. Haislip

The first ground of exception in this case is as to the correctness of the decision of the Circuit Court in sustaining the plaintiffs demurrei'jto the defendants plea in abatement. The matter pleaded in abatement was a varíen ce between the writ of summons and a copy of the summons served upon the defendant. This was no ground for abating the action; at most it was an indirect attack upon the sheriff’s return. If the sheriff had not, in fact, served the defendant with a true copy of the writ, and had falsely returned a valid service, it might become the subject of inquiry upon a direct…