Dowdey v. Maxwell

The action is by the endorsees, against the makers, of *269a promissory note: To a judgment in plaintiffs’ favor, the defendants prosecute this writ. The first defense of the answer admits all the allegations of the complaint essential to a judgment in plaintiffs’ favor. At the outset of the trial counsel for defendants so stated in open court and voluntarily accepted the burden of defeating the action by taking the opening and closing upon the assumed affirmative defenses of the first defense, which alleged, not any facts at all, but mere conclusions of the pleader that there was no…