Violett v. Dale

*144ÓPINÍON of the Court, by

Judge Trimble.

The defendant in the court below, upon setting aside an office judgment, offered to file a special demurrer, which was objected to by the plaintiff, and the objection sus» tained by the court; to which opinion the defendant excepted. The defendant then filed a general demurrer; the plaintiff joined in demurrer ; and, after argument, the court overruled the demurrer: but, before judgment was rendered for the plaintiff, the defendant moved for leave to withdraw his demurrer and plead to the merits. This last motion was overruled by the court, and judgment…