Reliance Life Ins. Co, of Pittsburgh, Pa. v. Lynch

(dissenting). — it is contended by defendant in' error that the questions raised by plaintiff in error were not raised in the circuit court and therefore cannot be raised for the first time in this Court. It is true that the defendant in the court below, plaintiff in error here, did not ■ demur to the declaration, but filed pleas thereto, the substance of which are set out in the opinion of Mr. Justice Chapman, and further that plaintiff filed three replications to said pleas, the first two taking issue upon the defendant’s first and second pleas, and the third alleging, as an excuse for not…