Zehnor v. Beard

Beard sued Zehnor in the Court below to recover the balance due on a ^promissory note. Zehnor answered, setting up a failure of consideration. To the answer Beard filed a reply, composed of different paragraphs, and tendering several issues. Under the old practice it would have been regarded. as several replications. Zehnor moved the Court to rule the plaintiff to elect on which paragraph of the reply he would rest; and that the others be rejected. The motion was overruled, and exception taken.

At this point the record is confused, but not materially affe'cting the questions presented for…