Mitchell v. Evans

This is the second appearance of this case . here. (See Mitchell v. Evans, supra.) In dealing with the case on the previous occasion the court set out paragraphs 7, 8, and 9 of the answer, which had been stricken on demurrer, to which judgment no exceptions were filed. On the former trial the court admitted evidence to establish the defense which had been stricken on demurrer. In dealing with that question this court ruled as set forth in headnote 1 of the instant case. In this case (grounds 3 and 4 of the motion) the court again, over objection of the plaintiff, admitted evidence in support…