Davidson v. Falls

Opinion of the Court by

Commissioner Hobson—

Reversing.

J. S. Falls brought this suit against C. P. Davidson and W. Y. Tennant on two promissory notes for $2,500.00 each. The defendants filed answer to tbe petition in four paragraphs. The plaintiff filed a demurrer to the answer and each paragraph of it. The circuit court sustained the plaintiff’s demurrer to the second, third and fourth paragraphs of the answer and without ruling on the first paragraph entered judgment in favor of the plaintiff when the defendants declined to plead further. The defendants appeal.

A demurrer to an answer relates…