SWEPSTON, Justice.
The appeal in this case is properly to this Court by reason of the trial judge's action in sustaining a plea in abatement to the declaration.
The principal question presented in this case is one of first impression.
The facts as appearing from the pleadings and the stipulation of counsel stated in the briefs are the following: Tommy Haney, deceased, age 13 years, and his brother, Fred Haney, age 17 years, both being unemancipated...
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