Bayless v. Tousey

Suit upon a promissory note for 680 dollars. Answer, as to 200 dollars of the note, a failure of consideration.

Demurrer to the answer without praying judgment for the part of the cause of action left unanswered.

The defendant then appeared specially for the purpose of moving for judgment of discontinuance against the plaintiff. On that motion being made, the plaintiff asked leave to withdraw his demurrer, and reply to the answer. The Court granted the leave and- refused judgment of discontinuance.

*152The plaintiff' then craved judgment as to the part of the complaint unanswered, and replied to the…