Parsons v. Case

Citations

• 45 Ill. 296

Syllabus

<p>1. Pleading at law—of pleas in dbatement—mustie accurate and precise in their structure. Pleas in abatement require accuracy and precision in their structure, and must be certain to every intent, and devoid of any repugnancy.</p> <p>2. Same — certainty of a pa/rticular plea. In an attachment suit, the defendant pleaded, “that he was not a non-resident at the time the writ issued,” and it appeared by the record, that the affidavit for the attachment was filed, and the writ issued and bore date, on the same day: held, that the plea was certain, and in effect was equivalent to one denying the non-residence at the time of making the affidavit, both having been made on the same day.</p>