Brink v. Reid

The appellants declared on a promissory note executed by the appellee and George W. Johnson. The appellee’s answer as originally filed professed to be in bar of the action, and one of the paragraphs was the general denial. This answer was withdrawn and two of the paragraphs were verified and filed as pleas in abatement. They were filed after the change, over appellant’s objection, as pleas in abatement, and they unsuccessfully moved the court to reject them.

Our statute in very clear terms provides that pleas in .-abatement shall precede pleas in bar. R. S. 1881, section ■365. Its language is…