Sunday, January 18, 2009


A plea which formerly could be asserted by the defendant to raise some hidden defect affecting the maintenance of a lawsuit but not its merits. It did not bar the plaintiff from commencing another action if he could correct the error. Defects subject to such pleas were; prematurity of the action; pend ency of another action between the parties for the same claim; wrong place for the trial; disability of a party to sue or be sued; misnomer of party; the right persons were not made parties to the actions. Although the plea is abolished, these defects can be raised by a separate motion or in defendant's answer.

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