Shalter v. Caldwell

Caldwell sued Shalter on a promissory note. The suit was commenced December 31,1866. The appellant answered in two paragraphs,'the first of which was withdrawn. The appellee demurred to the second paragraph because it did not state facts sufficient to constitute a defense, which demurrer was sustained and final judgment rendered thereon. The sustaining of this demurrer is the error complained of. The second paragraph sets forth, “that before suit was commenced the plaintiff was indebted to one Samuel O. Fowler on an account, a copy of which is made a part of the answer, in the sum of $1,294…