Jessie v. Spurlin

This suit was filed in the circuit court of Bullock County by the appellant, Mary L. Jessie, to recover damages for the wrongful death of her minor child. In answer to the complaint the appellee-defendant, James Thomas Spurlin, filed a plea in abatement. Appellant’s demurrer to the plea in abatement was overruled whereupon appellant took a voluntary nonsuit, and appealed to this court alleging as error the overruling of her demurrer.

The question presented on this appeal is whether the trial court erred in overruling appellant’s demurrer. We conclude that it did, and that its judgment is due…