Davis v. Engler

Suit on note. Answer: 1. Denial. 2. and 3. Usury. Demurrer sustained to the third, and overruled to the second paragraph. Ho reply filed. Trial; finding for plaintiff. Motion for a new trial, for the reason that the ruling on demurrer to the third paragraph of the answer was wrong. Judgment on the finding.

It is now urged, that, as there was no reply to the second paragraph of the answer, there was a trial without an issue, and that the same was an error affecting the whole judgment, or at least the costs.

The first question is whether the appellant can now complain of this proceeding; the same…