Crenshaw v. Alabama Freight, Inc.

I disagree with Justice Coleman’s opinion that Plea II is a plea in bar. I feel that it is a plea in abatement.

*383Plea II is as follows:

“Plaintiff ought not to recover of this defendant for that:

“The accident made the basis of this action occurred February 23, 1965. Long prior thereto plaintiff deserted his family and his desertion continued until the death of said minor child as averred in said count.”

Justice Coleman in his proposed opinion states as follows:

“Plea II in the instant case is a complete defense to the action. The plea does not in any respect give plaintiff a better writ. If the…