Hull v. Johnston

It will not be necessary, at this time, to discuss the merits of this case, as the present judgment must be reversed .on account of the error of the court in striking defendants’ pleas from the files. After the declaration had been amended, by leave of court, defendant again filed a demurrer to it, but subsequently, and before any action was taken on the demurrer, defendants filed their plea of nil debet to the whole declaration. Thereupon, plaintiffs moved to strike that plea from the files of the cause, because the demurrer to the declaration, which had been previously filed, had not been…