Coggins v. Edmonds

Wyatt, Justice.

When the case came on for trial, counsel for the defendant moved that the defense of settlement be tried before any other issue. Counsel for the petitioner objected on the grounds that there was no special plea involved in the case, and that the defendant’s averment as to a settlement was part of his general answer and he could not try it before a special jury. The fifth special ground of the amended motion for new trial complains that the court erred in allowing the plea of settlement to be tried separately before a special jury.

“In all cases demurrer, pleas, and answer shall…