Belden v. Laing
Michigan Supreme Court
Error to Shiawassee Circuit. Replevin Tby plaintiff in error against William P. Laing Amos Gould and Ebenezer Gould. The defendants pleaded in abatement as follows: “And the said defendants Amos Gould and Ebenezer Gould, in person, and William P. Laing, by A. & E. Gould, his attorneys, come into court and pray judgment of the said writ and declaration of the said plaintiff, and that the same may be quashed, because they say that heretofore and before the commencement of this…
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Error to Shiawassee Circuit. Replevin Tby plaintiff in error against William P. Laing Amos Gould and Ebenezer Gould. The defendants pleaded in abatement as follows: “And the said defendants Amos Gould and Ebenezer Gould, in person, and William P. Laing, by A. & E. Gould, his attorneys, come into court and pray judgment of the said writ and declaration of the said plaintiff, and that the same may be quashed, because they say that heretofore and before the commencement of this suit, to wit, on the ninth day of March, 1859,' the said defendants Amos Gould and Ebenezer Gould, commenced a suit in…
1Opinion of the Court
Campbell J.:
The demurrer, we think, ought to have been sustained? Whether we look at the form of the plea, or the subject matter sought to be introduced by it.
A plea in abatement must have the highest degree of certainty and precision: — 1 Chitty Pl. 395; Findley v. People, 1 Mich. 235 — and therefore every allegation necessary to make out the case covered by it must be distinctly and not inferentially- set forth. This plea would require some liberality to sustain it if put in as a plea in bar, under any system of special pleading. To say nothing of other omissions, it contains no allegation…
2Cited by14 opinions
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