Duncan v. Forgey

Thompson, J.,

delivered the opinion of the court.-

This suit was commenced in the circuit court by attachment. The defendant took a change of venue to Pike county. At the September term, 1883, of the circuit court of Pike county, the defendant filed a plea in abatement. The issue thus made was tried before a jury at the same term, a verdict was rendered in favor of the plaintiff, and a judgment was entered thereupon, sustaining the attachment. Without appealing from the judgment on the plea in abatement, the defendant, on February 12, 1884, filed an answer upon the merits. At the March term,…