Archdeacon v. Cincinnati Gas & Electric Co.

*263Heard on special answer in the nature of a plea in abatement and proof.

The defendant, by leave of .court, filed in this cause an amended answer, setting up that the plaintiff is without legal capacity to maintain this action; and, upon motion to this effect, the cause has been heard upon the amended answer as upon a plea in abatement, for the reason that it raises an objection, independently of the merits of the cause, which is fatal to the action if the facts be proved and the legal consequences claimed to result therefrom be sustained; and was duly heard upon evidence taken and arguments of…