Gearhart v. Olmstead

Judge Marshall

delivered the Opinion of the Court.

To a petition and summons brought by Olmstead, Smith fee. against Gearhart fee. the defendants filed four pleas;-of which the first presented, as matter in abatement, the fact that the plaintiffs had not filed the nqte mentioned in the petition, before the summons issued.' The other pleas present partial answers to the demand sued for, and admit the residue. A joint demurrer was *442filed to all of the pleas in the usual form of a demurrer to a plea in bar; and the Circuit Court being of opinion no one 0f the pleas was good, sustained the demurrer,…