Greer v. Wheeler

This is a suit originally instituted before a justice of the peace of Jasper county, in the name of Harrison Wheeler v. William Greer, upon a note of hand. Upon the trial in the Circuit Court, the counsel for Wheeler relied for his defence, upon the fact that the note sued upon was executed and given during the minority of Greer, which said defence the court overruled on the ground that it was in the nature of a dilatory plea, and should have been pleaded before the justice of the peace. The general rule, is, in the case of dilatory pleas, that the party must avail himself of them at the…