Poullain v. Pigg

Warner, Chief Justice.

It appears from the bill of exceptions in this case, that the defendant filed a plea to the plaintiff’s action, which was demurred to as being insufficient in law as a defense thereto, and before the judgment of the court was rendered thereon, the defendant offered to amend said plea by inserting therein what the court seemed to think was lacking, and proposed to show that the defendant then resided out of the county, and was sick, when the court held, that no person but the defendant himself could make the necessary affidavit to the amended plea, and struck the original…