Callaway v. Hopkinsville Milling Co.

The plaintiff in the court beloiv died demurrers general and special to the ansiver of the defendant as amended. The judge sustained the demurrers, and struck the answer and the amendment thereto. The bill of exceptions recites that “after striking said answer, and the defendant in the court beloAv having admitted the execution of the note sued on, the court, without the introduction of any evidence by the plaintiff or by the defendant, directed that the jury return a verdict in favor of the plaintiff;” which they did. ' The defendant’s motion for a new trial was overruled, and the defendant…