O'Connor v. Towns
Texas Supreme Court
Appeal from Brazoria. The facts are stated in the opinion of Mr. Chief Justice Hemphill. cited Evans’ Notes, 2 Poth. on Obi. p. 42; 3 Durn. and East, 623; Douglass, 446; 1 Raym. 280; 1 Brownlow, 156; 2 Roll. Abr. 520; Hobart, 139.
1Opinion of the Court
Hemphill, O. J.
In this case the defendant in the court below came in limine litis, and without filing an answer pleaded in abatement of the suit or process on two grounds:
1st. That it was not properly tested, and
2d. That it was not served on him five days before the commencement of the term of the court.
This, as a plea in abatement, was insufficient without the oath of the defendant. The 9th sec. of the act to regulate proceedings in civil suits, 4 Laws of Texas, p. 88, provides that no plea in abatement shall be admitted or received unless the party offering the same shall prove the truth…
2Cases cited1 opinion
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- Halbert v. San Saba Springs Land & Live Stock Ass'nTexas Supreme Court · 1896
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