Doullut v. Smith

ON REHEARING.

1. Replications are not permitted by our law, and all averments in the answer are open to every species of attack without special plea.

2. If an answer is lacking in specifications or contains conflicting or inconsistent pleas, the remedy is not a motion to strike out or to elect; a more regular course is to permit the parties to go to trial and reject, on objection of opposite party, any evidence to sustain it.

3. If the appellee has cause to complain of the judgment appealed from, he may, without appeal on his part, state in his answer the points on which he thinks he has…