Sanders v. Carter

Sanders brought a rule against Carter as constable, for failure to make the money on a levy. The constable in his answer set up a general denial of the facts alleged in the petition. Upon the trial Sanders moved to dismiss the plea, "because it was not. an answer to the rule but simply a general denial of the plaintiff’s; petition.” The court overruled the objection, and the plaintiff excepted. The plaintiff traversed the answer, and the case proceeded! to trial. Upon the hearing the uncontradicted evidence showed1 that the constable, in company with the plaintiff and another, went to the…