Mercer v. Hebert

—The complaint was upon a promissory note in the ordinary form. The answer was originally in three paragraphs, but a demurrer having been sustained to the third paragraph, the first and second paragraphs were withdrawn, and the appellant refusing to plead over, judgment was rendered in favor of the appellee.

The only error assigned calls in question the correctness of the ruling of the court in sustaining the demurrer to the third paragraph of the answer, which reads as follows:

“ For further partial answer the defendant avers that heretofore, to wit, on the-day of--, 1869, defendant being the…