Beard v. Comstock

This is a suit in assumpsit brought by appellee against appellants. The declaration consisted of three counts, to the first two of which the defendants pleaded the general issue and to the third filed a general demurrer which was overruled by the court. Appellants having elected to abide by their demurrer to said third count, appellee thereupon withdrew all counts of his declaration as amended except said third count, and appellants thereupon withdrew all of their pleas except the demurrer to said third count of said declaration. The court then ruled appellants to plead at once to said third…