Farmers' & Merchants' National Bank v. Harper

Urner, J.,

filed the following dissenting opinion, in which Offutt, J., concurred.

The re-argument in this case was upon a question not suggested or considered when the case was originally heard on appeal. That question is whether the appellant corporation is entitled to have the judgment reversed, because the plea of forgery was not filed at the proper stage of the pleadings, when it voluntarily joined issue on the plea and proceeded with a trial on the merits in which the defense of forgery was sustained by the verdict of the jury. Reversal of the judgment and remand of the case for a new…