Covington v. Columbia Military Academy

Appellee, the payee of a check, which was protested for want of sufficient funds, sued appellant, the drawer of the check. At the return term appellant filed a plea of the general issue and the case was continned. At the next term appellant filed k special plea setting up the defense of a want of consideration. A demurrer to this plea was sustained. The following day, and after the jury had been empaneled, appellant filed, without leave of the court, a second special plea alleging fraud in the procurement of the check. Appellee moved to strike this second special plea, on the grounds (1) that…