Nelson v. Alport

This action is for unlawful detainer and was begun before a justice of the peace! It was removed to the circuit court of Jackson county by certiorari, where judgment was rendered for the plaintiff.

When the case reached the circuit court, a plea in abatement was filed setting up that the same matter was then pending in another action in that court. A trial was bad on the plea in abatement. The record shows that the plaintiff introduced evidence on that trial, but, on verbal motion of defendant, it was stricken out; the court bolding that it was applicable to the merits, but not to the plea in…