Fordyce v. Hathorn

This was an action commenced under tlie landlord and tenant act, by attachment, for the recovery of rent payable in kind. Tlie cause was tried on an amended petition.

The defendant, in the same answer, setup matter in abatement of tlie attachment and also defenses in bar of tlie action.

The court on motion of plaintiff struck out tlie matter in abatement. In this we think there was no error. Where matters in abatement and bar are-contained in the same answer, the. matter in abatement is waived, by the defenses in bar. (Cannon vs. McManus, 17 Mo., 345; Rippstein vs. St. Louis Mat. Life Ins. Co.…