Texas Supreme Court July 1, 1858 (Runnels v. Swan)

Roberts, J.

The exceptions of Swan to Runnels’ plea in abatement, were sustained by the Court below; and that is the error assigned in this case.

The defect of the plea is, that it states that Martin, the co-defendant, who alone resided in Galveston county, was released from all liability on the note; and refers to the facts stated in the petition, in verification of the plea, when the petition