Douglass v. Belcher
Tennessee Supreme Court
This was an action bf debt brought by the plaintiffs in Marion county court. The defendant pleaded in abatement of thé süñimons; 'that it was not signed by the clerk; but by some person not by him authorized to do so. At the same time several pleas in bar were filed. The plains tiffs replied to the pleas in bar, and issues were taken; and moved the court to strike but the plea in abatement.
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This was an action bf debt brought by the plaintiffs in Marion county court. The defendant pleaded in abatement of thé süñimons; 'that it was not signed by the clerk; but by some person not by him authorized to do so. At the same time several pleas in bar were filed. The plains tiffs replied to the pleas in bar, and issues were taken; and moved the court to strike but the plea in abatement. The court sustained this motion, and the plea was stricken out, and upon the trial of the issues there was a verdict and judgment for the plaintiffs. The defendant appealed in error to the circuit court,…
1Opinion of the Court
Geben. J.
The county court did not err in striking out the plea in abatement. A plea in abatement cannot be pleaded at the same time with a plea in.bar. 1 Bac. Ab. 26: 1 Mass. Rep. 358. The plea in bar is inconsistent with the plea in abatement, and by answering the plaintiff’s actibn overrules the plea in abatement. That plea was therefore properly stricken out by the county court, and the circuit court erred in reversing that judgment.
The judgment of the circuit court will be reversed, and, proceeding to rendér such judgment as that court ought to have givén, the county court judgment will…
2Cases cited1 opinion
- Smith v. FranklinMassachusetts Supreme Judicial Court · 1805