Spaulding v. Lowe

Citations

• 58 Ill. 96

Syllabus

<p>Practice—on overruling demurrer to plea in abatement—waiver. It is error on overruling a demurrer to a plea in abatement, to the jurisdiction of the court, to permit plaintiff to reply to the plea, and such error is not waived by pleading in bar to the action. On overruling the demurrer to the plea, the court should quash the writ and abate the suit.</p>