Fulmore v. Benson

Opinion.

Appellant contends that the trial court erred in refusing to sustain his motion to strike out the plea in abatement and to sustain his special exceptions thereto upon four particular grounds which are presented by the following propositions of law: First. Because the plea in abatement was filed out of due order of pleading and thereby waiyed. Second. Because the plea in abatement was filed separately and not as a part of appellee’s answer along with the other pleas or defenses, and therefore in violation of the statute and the rules of the district and county courts, which require all…