Marshall v. Beeber

Action by the appellees against the appellant for the price of lumber sold and delivered. The defendant answered in three paragraphs.

On motion of the plaintiffs, the court struck out and set aside the first and third paragraphs of the answer.

There was a trial by jury of the issue formed by the second paragraph of the answer, which was a general denial, and a verdict for the plaintiffs. A motion by the defendant for a new trial was overruled, and there was final judgment for the amount of the verdict.

Two errors are properly assigned:

1. Striking out the first and third paragraphs of the answer.

2…