Rowland v. Superintendents of the Poor

The practice adopted in this case is one not to be commended or encouraged. The defendants pleaded the general issue, and upon the trial objected to any and all evidence being received under the declaration, assigning various reasons therefor, which, if well founded, should have been raised .by demurring to the declaration, thus saving all unnecessary trouble and expense. We do not say that an objection going to the whole merits of the case or cause of action stated in the declaration may not be raised in this way, but when it is, the position taken must be very clear — so clear, indeed, that…