Demurrer to Plea in Abatement Law and Legal Definition

Demurrer to plea in abatement is a method by which the plaintiff tests the legal sufficiency of the defendant's plea in abatement. If the plaintiff demur to a plea in abatement, and the court decide against the plea, the court will give judgment of respondeat ouster, without regard to any defect in the declaration.

Pursuant to 28 USCS § 2105, there will be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.

Further, appeal to the court of appeals does not lie from the judgment in the District Court upon the overruling of the demurrer to the plea in abatement. [McHie v. McHie, 78 F.2d 351, 352 (7th Cir. Ind. 1935)].