Kelley v. Kelley

One of the errors relied upon is the sustaining of a demurrer to the appellant’s second paragraph of answer. It is conceded that the facts pleaded in this paragraph were admissible under the general denial, which was also pleaded. The error, if any, was therefore harmless. Elliott’s App. Proced., section 637, and cases cited.

Another alleged error is the overruling of the joint motion of appellant and his co-defendant for a new trial. The appellant was sued jointly by the appellee with another for damages for an alleged assault and battery. The defendants answered separately the general…