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· 4/15/1866

Cook v. Yarwood

Citations

  • 41 Ill. 115

Syllabus

<p>1. Plea in abatement— requisites of the affidavit in support thereof. It is not essential that the affidavit in support of a plea in abatement should be entitled in the cause, when the plea, which is properly entitled, and the affidavit, are written upon the same piece of paper, and the paper shows upon its face to what suit it belongs.</p> <p>2. Same—plea in abatement filed after another in abatement. After defendant has filed a plea in abatement of the action, which has been disposed of by the court, it is irregular to file another plea of the same character, and it may be stricken from the files.</p>

Judges: Walker

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