Gage v. Commercial National Bank

This action was in assumpsit, and was brought in the first place against David A. Gage and Selah Reeve. The declaration first filed alleged liability against both defendants. To that declaration Reeve demurred, and Gage pleaded the general issue and special pleas, on which issue was joined. On December 6, 1875, in accordance with an agreement between counsel for plaintiff and for Gage, the cause was submitted to the court for trial without the intervention of a jury, the trial to take place on the next day on “ issues joined,” but on that day plaintiff obtained leave of court to file an…