Charter Oak Council, Boy Scouts v. New Hartford

Full title: CHARTER OAK COUNCIL, INC. BOY SCOUTS OF AMERICA vs. NEW HARTFORD

Court: Superior Court Litchfield County

Date published: Apr 18, 1935

2 Conn. Supp. 3 (Conn. Super. Ct. 1935)

Opinion

File No. 8499

Shipman Goodwin, Attorneys for the Plaintiff.

H. Roger Jones, Attorney for the Defendant.

Demurrer to plea in abatement overruled as not touching the real weakness of the plea in abatement. Plea in abatement held to be obviously out of place, the matters pleaded therein being wholly outside the scope of the grounds of abatement. Plea in abatement overruled without further pleading being addressed to it.

MEMORANDUM FILED APRIL 18, 1935

PEASLEY, J.

The allegations of this Plea in Abatement go to the merits of the case.

"Pleas in Abatement are not to the merits, but to the form of the action: they admit, or suppose, that the plaintiff has good cause of action but deny that the suit in question is brought in proper form — they defeat the present proceeding, but do not show that the plaintiff is thereby forever excluded from bringing an action." Vol. 1, Swift's Digest, side page 606. The grounds of abatement are:

Lack of jurisdiction, Disability of parties, Misnomer and misdescription, Death of parties, Nonjoinder and misjoinder, Pendency of another action, Defective writ, Defective Service.

The matters pleaded in abatement in this action are wholly outside of the scope of any one of the above grounds of abatement, which I think are all there are.