Reece v. Smith

This is an action of assumpsit by appellee against appellants. The declaration contains three counts. The first count is on what is therein designated and described as a promissory note. The second count is the consolidated money counts; and the third count is upon an account stated.

Appellants demurred generally to the declaration. The circuit court overruled the demurrer, and appellants, electing to stand by their demurrer and refusing to plead'over, judgment was thereupon given in favor of appellee. From that judgment appellants took the case, by appeal, to the Appellate Court of the Third…