Simpson v. Simpson

MERRILL, Justice.

Appellees filed a bill in equity to which appellant filed a plea in abatement. Ap-pellees demurred to the plea,' the court sustained the demurrer and appellant appeals from that decree.

This appeal must be dismissed. The proper mode of testing the sufficiency of a plea in equity is to set it down for hearing. Bullen v. Bullen, 231 Ala. 192, 164 So. 89; Thomas v. State, 241 Ala. 381, 2 So.2d 772. As pointed out in Rowe v. Bonneau-Jeter Hardware Co., 245 Ala. 326, 16 So.2d 689 (16), 158 A.L.R. 1266, the rule has been changed from that prevailing under § 2838, Code of 1907. See…