Byck v. Lawton

Mobley, Justice.(a) We first consider the questions presented by defendant’s demurrers to plaintiffs’ replication to defendant’s cross-bill. Defendant demurs generally to the replication as a whole on the grounds that it fails to set up an issuable defense, attempts to raise questions already adjudicated adversely to plaintiffs by this court, and fails to set forth facts to meet the previous decision of this court. The replication denies certain paragraphs of the cross-bill relating to the value of the property here in question. For this reason alone it sets up an issuable defense and raises…