Hiller v. Felton

Defendant in his answer set up affirmative defenses. To these plaintiff by reply pleaded res adjudicata. The only errors argued by defendant are the sufficiency of plaintiff’s plea and proof of res adjudicata and the sufficiency of "defendant’s plea of confession and avoidance” of the reply.

Defendant moved to strike the reply. His motion was overruled. Defendant then set up what he denominated "plea of confession and a'~oidance to plaintiff's reply." Plaintiff moved to strike the "plea of confession and avoidance. " Her motion was overruled. The cause went to trial to the court. Defendant…