McGrath v. Sullivan

The declaration in the action of tort against Sullivan only, numbered 327782 in the Superior Court, con*328tained five counts. The defendant filed what he called a “plea in abatement,” which set up as to the first three counts that they were barred by a former judgment in an action between the same parties, numbered 319916. Of course that was really not matter in abatement, but in bar, and under the practice act could not properly be set up by plea, for pleas in bar in actions at law have long since been abolished. G. L. (Ter. Ed.) c. 231, § 22. Foye v. Patch, 132 Mass. 105, 109, 110. Gallo v.…