Thomas v. Ray

Plaintiff in error commenced an action in replevin against defendant in error for the possession *424of two bulls, and damages for their alleged wrongful detention. For answer the defendant interposed two defenses, consisting of (1) what was intended to put in issue the allegations of the complaint; and (2) what appears to have been regarded as an affirmative defense, to which the plaintiff filed a replication. Plaintiff then filed a motion for judgment on the pleadings, which was overruled, and later, having announced in open court that he elected to stand upon this motion, the cause, on motion…