East St. Louis Connecting Railway Co. v. Allen

The reversal of this judgment' is urged for three reasons, set up in appellant’s printed argument. First, because. the court erred in sustaining demurrer to special pleas. In support of this contention it is said, this was an action of trespass, and under the plea of the general issue in that form of action, appellant could not avail itself of the defenses set up in the special pleas, but must plead them specially. Hence, they did not amount to a plea of the general issue, and were not obnoxious to the demurrer for that cause. It appears by the amended declaration, filed by leave of the court…