Austin v. Bainter

Per Curiam :

The assignment of errors is a declaration, and the joinder in error is a demurrer thereto; no rule of pleading allows a demurrer after pleading a matter of fact.

Mr. Grimshaw then asked how an issue of fact formed upon a plea of release of errors, would be tried.

Per Curiam : The issue of fact cannot be tried in this court except by consent. Should the parties consent, we will try the issue upon evidence in writing, but we will not hear oral testimony. Should the parties not consent to have the issue tried by this court, or, if the evidence is not to be presented in writing, we will…