Buckles v. Harlan

Citations

• 54 Ill. 361

Syllabus

<p>Plea in abatement—its requisites. A plea in abatement that another action for the same cause was pending in the same court, began by praying judgment of the writ and declaration, and ended with a prayer for judgment of the writ only, and that the same be quashed: Held, on demurrer, the prayer for judgment of the writ only, in the conclusion, was sufficient, and the prayer for judgment of the declaration, in the commencement, was regarded as surplusage, which could not vitiate the plea; so there was no want of proper “ correspondence ” between the commencement of the plea and its conclusion.</p>