Scott v. Norris

This action was on a note executed by the appellees to the appellant. The appellees answered by a plea in abatement, alleging that the action was prematurely brought, the note not being due. There was a demurrer to the plea which was overruled by the court, whereupon the appellant filed a reply in two paragraphs, one of which was the general denial and the other a plea of former adjudication. To the latter paragraph a demurrer was sustained, and the appellant refusing to plead further the case made upon the answer in abatement and the denial thereto was submitted to a jury, who returned a…