
    People ex rel. William A. McOmber v. Albert J. Holmes, justice of the peace.
    
      Plea in bar may follow plea in abatement.
    
    A plea in bar is allowable in the court’s discretion after a 'plea in abatement is overruled.
    Motion for an order to show cause.
    Submitted and denied October 7.
    
      
      S. J. Scott and J. K. Wright for the motion.
   Per Curiam.

Defendants in an action of trespass brought before a justice for taking plaintiff’s goods pleaded in abatement that there was a joint owner who ought to have come in as co-complainant. Issue was taken denying that the alleged joint-owner had any interest in the goods. The justice on the trial of this issue overruled the plea and allowed a plea in bar. Plaintiff insisted that he ought to have assessed damages, and as he refused, asks a mandamus to compel him to do so.

The justice was right. The circuit practice now authorizes a plea in bar after a plea in abatement has been disposed of in this way, and in many cases great injustice would be done by depriving a party who has honestly pleaded in abatement, of his defense on the merits. We think the practice is correct.

Motion denied.  