Holton v. Ruggles

AotioN of ejectment; to which a special plea was given. Tbe plaintiff demurred to a part, and traversed a part; tbe defendant joined tbe demurrer’, and an issue upon tbe traverse was closed to tbe jury: Tbe demurrer was beard, and judgment for tbe plaintiff; tbe issue was not tried nor any judgment upon it for damages, etc. Tbe plaintiff appealed tbe cause; and now tbe defendant plead in abatement of tbe appeal, that there was no judgment rendered in the County Court, from which the plaintiff had right to appeal; it being in his favor so far as it went.