First Page
895
Abstract
Generally: The strict rules of pleading are not applicable in a will contest,' which is a proceeding sui generis and regulated by statute. Demurrer. A demurrer to a cross-bill in chancery on the ground that it "states no cause of action upon which relief can be granted" is a nullity, and should be stricken on motion.
Plea in Abatement: Where the chancellor upon hearing a plea inabatement of another action pending for the same cause, found that the cause was substantially the same, and granted plaintiff permission to file the bill in the later suit as an amended or supplemental complaint, plaintiff had no ground for reversal because he had been given full opportunity to secure a result that would in no way prejudice him.
Recommended Citation
Edmund M. Morgan,
Procedure and Evidence -- 1954 Tennessee Survey,
7 Vanderbilt Law Review
895
(1954)
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol7/iss5/13