Wooten v. Traders' Securities Co.

When a cause at issue is regularly called for trial and come the parties, “the defendant in person and by attorney,” and “says nothing in bar or preclusion of the plaintiff’s demand,” and thereupon the court enters judgment pil dicit with writ of inquiry, proceeds to impanel a jury, and hear the evidence, the defendant, making no objection to the form of judgment, nor to the evidence offered, nor asking any instructions to the jury, must be taken on appeal to have waived, abandoned, or withdrawn pleas 'theretofore filed. Such is the case here, as shown by the affirmative recitals of the…