Cowart v. Stanton

Stanton and another brought an action upon a due-bill against Cowart, to the April term, 1896, of the superior court of Miller county. Cowart filed no plea at that term. At the October term, 1896, he filed pleas of not indebted and non est factum. At the October term, 1897, the plaintiff moved to dismiss the pleas so filed, on the ground that they had not been filed at the first term. The court sustained the motion and struck the pleas. The pleas being stricken, the court directed a verdict for the plaintiffs. To the striking of the pleas, and to the direction of the verdict, the defendant…