Rosenstein v. Case

It is plain that none of the special grounds of demurrer to the plea are well taken. They simply call in question the sufficiency of the affidavit by which the plea is verified; but as a plea to the jurisdiction of the court, is expressly excepted by the statute, from the provision requiring pleas in abatement to be verified, it is unimportant whether the affidavit was sufficient or not. Sec. 1, Chap. 1, R. S. 1874.

It is urged that the demurrer should have been sustained on the ground of duplicity; but as that point was not specially raised by the demurrer, it cannot be considered. 1 Chitty’s…