Evans v. Kilgore

LIVINGSTON, Justice.

Suit to recover the balance alleged to be due on six promissory notes.

Defendants filed eight pleas to the complaint and to each count thereof, separately and severally. Plea 1 was the general issue. Plea 3 alleged payment before suit filed. Pleas 2, 4, 5, 6, 7 and 8 set up special defensive matter. Plaintiff interposed demurrers to pleas 2, 4, 5, 6, 7 and 8. Demurrers were overruled as to plea 5, and sustained as to pleas 2, 4, 6, 7 and 8. On account of the adverse ruling as to plea 5, plaintiff took a non-suit, and suffered judgment to be rendered against him, and…