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1 McGrath 543

Mitchell v. Circuit Judge

Michigan Supreme Court

Decided April 22, 1892

Michigan Supreme Court · decided 1892-04-22

Decided 1892-04-22

¶1To compel allowance of plea in abatement.

¶2Denied April 22, 1892, with costs.

¶3In an action of assumpsit in which relator was defendant, he •demanded a bill of particulars. A paper purporting to be such was served. Defendant regarding the bill as insufficient, failed to plead and his default was entered and made absolute. Defendant afterwards filed a plea in abatement, adding a plea of the general issue with notice of the-statute of limitations. Subsequently defendant moved to set aside the default.

¶4The court granted the motion, allowed defendant’s plea of the general issue to stand, but refused to allow the plea in abatement.

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