Smith v. Conlan

To the assignment of errors in this case, the appellee answered, first, in the form of a joinder in error; and, second, that the appeal was not taken within three years from the rendition of judgment, &c.

There was no reply to this answer.

Two points are made by the appellants upon this second answer—

1. That the appellee having joined in error, is concluded by that act from setting up the matter attempted to be pleaded in the second answer.

2. If not, then the appellee waived any benefit of said second answer, by not taking a rule against, and requiring a reply from, the appellants thereto.

We…