Supreme Court of Alabama June 15, 1875 (Wright v. Evans)

BRICKELL, C. J.

Matter in abatement, or in bar of a suit, arising after plea pleaded, or issue joined, or as it is technically called, since the last continuance, at common law, if introduced as a defence, was not a departure from, but a waiver of the first plea, of which no advantage could after-wards be taken, nor could the plaintiff proceed thereon.