Italian-Swiss Agricultural Colony v. Pease

The chief contention urged and argued by counsel for appellant is, that the court erred in permitting the same j ary at the same time to determine the issues raised by the pleas in abatement and to assess the damages of appellee. We are of opinion that in this there was no error. The contention of counsel is based upon the proposition that after the issues upon the pleas in abatement had been determined adversely to the defendant (appellant), it should still have been afforded opportunity to plead to the merits. In other words, it is contended that the judgment, upon a determination of the…