Union Loan, Storage & Mercantile Co. v. Farbstein

(after stating, the facts). — The points relied on in the brief of counsel for appellant are: First, that the merits of the plaintiff’s case are not proper subjects of inquiry on a plea in abatement, and the plea in abatement must be determined before the *227other issues are tried; second, that the court erred in admitting any evidence under the first count of respondent’s petition, because the first count does not state a cause of action in that it fails to state that the defendant promised to pay, and that such allegation was necessary to constitute good pleading; third, that the court erred…