Barth v. Marcuse
Circuit Court of the 17th Circuit of Michigan
Demurrer to plea in abatement. Defendant pleaded in abatement that he was not a resident of Kent County, but was decoyed within it by trick and fraud, for the purpose of enabling the officer to serve the summons upon him. Plaintiff demurred.
1Opinion of the Court
The Court,
Hoyt J.,
sustained the demurrer, and held that a motion to quash was the proper remedy, and the defect in the summons, if any, could not be taken advantage of by plea in abatement.
Jones vs. Nelson, 51 Ala., 471.
Barrill’s Practice, 107.
Taggert, Stone & Earle for plaintiff. Simonds, Fletcher & Wolf for defendant.
The practice of this Court is not a matter of plea.
1 Chitty’s Pleadings, 502, 523.
Nichols vs. Nichols, 9 Wend., 263.
Paul vs. Graves, 5 Wend., 96.
No cases are found in the books where writs and the service thereof, have been set aside in any other way than by motion. This is…
2Cases cited4 opinions
- Jones v. Nelson'sSupreme Court of Alabama · 1874
- Jackson ex dem. Potter v. ScovilleNew York Supreme Court · 1830
- Nichols v. NicholsNew York Supreme Court · 1832
- Baker v. WalesThe Superior Court of New York City · 1873