Carpenter v. First National Bank

J. Russell,

Suit was brought on a promissory note. The bill of exceptions recites that the court passed “an order refusing an amendment to an original plea filed by the defendant and, on demurrer, struck the plea and amended plea, and entered judgment for the plaintiff.” The only assignment of error in the bill of exceptions is in the following language: "To the action of the court in refusing the amendment to the original answer the plaintiff in error excepted,' and now excepts and assigns the same as error, on the ground that the same was contrary to law.” Held, that the writ of error in…