A class of defenses at common law, founded on some matter of fact not connected with themerits of the case, but such as might exist without impeaching the right of action itself.They were either pleas to the jvr risdietion, showing that, by reason of some mattertherein stated, the case was not within the jurisdiction of the court; or pleas in suspension,showing some matter of temporary incapacity to proceed with the suit; or pleas inabatement, showing some matter for abatement or quashing the declaration. 3 Steph.Comm. 570. Parks v. McClellan, 44 N. J. Law. 558; Mahoney v. Loan Ass’n (C. C.) 70Fed. 515.

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