McDougle v. Gates

Suit upon a note. The defendants answered, nominally, in bar of the whole complaint, that, “as to all of said sum of money sued for, except 100 dollars, they fully paid the same, before the commencement of this suit, viz: on the 10th of December, 1860.”

This answer purported, in its commencement, as we have said, to go in bar of the whole cause of action, when the facts set forth in it were only a bar to a part of it. For this reason, the answer was bad.

The answer might have been thus: The defendants come, and for answer to all of the plaintiffs’ cause of action, except the sum of 100 dollars,…