BOWEN, J.
This appeal questions the action of the court below in sustaining a plea in abatement, and entering judgment that the action do abate as to the appellee Harold Barnes, Jr., on the appellant's complaint for damages for personal injuries. The issues were joined below on appellant's complaint, the appellee Harold Barnes, Jr.'s, plea in abatement, and the appellant's answer thereto. Such plea in abatement alleged:
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