Hazzard v. Haskell

27 Me. 549

Opinion

The opinion of the Court, Whitman C. J. taking no part in the decision, was drawn up by

Shepley J.

.The case is presented on a general demurrer to a plea in abatement. A special demurrer is not required in any such case. Lloyd v. Williams, 2 M. & S. 484.

The law does not favor such pleas, and it requires, that they should be pleaded with great precision and certainty. 1 Chitty’s PI. 444. Baker v. Gough, Cro. Jac. 82. They must be good both in form and substance.

A plea in abatement to the writ must conclude with “ praying judgment of the writ,” and the prayer, that it may be quashed without praying judgment of the writ, is not sufficient.. Co. Litt. 303, (a) note e. 2 Saund. 209, (a) note 1. Hixon v. Minns, 3 T. R. 185. The plea in this case containing no such prayer is bad in form.

Respondeos ouster.