Cherryhomes v. Carter

This cause was submitted to the judge below for determination upon the law and the facts. At the time of *167submission there was a demurrer pending to the plea of usury set up by a portion of the defendants. The judge passed upon the validity of this plea, among other matters of law, and held that it was insufficient, because not sworn to by any one wishing to avail himself of the defence of usury. This answer was pleaded by all the defendants except Cherryhomes, as appears from the statement of the answer itself. It was sworn to by Cherryhomes, who not only did not join in the plea, but refused…