Union Savings Bank v. Cameron

This action of contract was commenced by a trustee writ. The defendant, appearing specially, filed an answer in abatement in which he alleged that the writ that was served upon him and the trustees named therein was lost; that the writ that was entered in court was not the original but was one which had been substituted without permission of the court immediately before the entry thereof; and that this substituted writ was wholly void. The trial judge, after hearing, sustained the answer in abatement and ordered the action abated. From an order of the Appellate Division dismissing a report…