State v. Gaither

In this case there was a special plea, to which there was a demurrer and joinder;. also, a plea of non-assumpsit and issue. A general judgment has been entered for the plaintiff, in the words following: “ This day came as well the State by her attorney, as the defendants by their attorneys, and thereupon, the demurrer of the plaintiff to the plea of the defendants being urged, and adjudged good, it is considered by the Cdurt, that the defendants did assume and promise to pay, as charged against them, and that the plaintiff recover against the defendants,” See. This can be considered only as a…