Koon v. Nichols

This was a suit in ejectment, where there was judgment for the plaintiff.

The first of the two errors assigned is, in sustaining a demurrer to the defendant’s second plea. The plea was, that in a former action of ejectment, brought by plaintiff against defendant, for the same premises, a judgment was rendered against the defendant, which, on appeal to the Supreme Court, was reversed, and the cause remanded for a new trial; that no transcript of the order of the Supreme Court remanding the cause had been filed in the court' below, and that more than two years had elapsed from the time of making…