Daniel v. Browder-Manget Co.

The fundamental error into which counsel for the plaintiff and the trial court fell was in ignoring all the defendant’s *394pleas except the plea of non est factum. General and special demurrers to the answer were filed. Upon these demurrers the court passed an order striking all of the answer except so much thereof as set up the defense of non est factum, “with leave to amend in ten dajs from this date.” Within the time allowed by the order the defendant amended his answer, and the amendment was allowed, “subject to objections.” No objection to the answer as amended was ever filed. The defendant…