Barnes v. Stevens

Suit by the appellees upon three promissory notes. The complaint contained but one paragraph. It was- not attacked for any cause by demurrer or motion. 'The paragraph was faulty for duplicity, which might have been corrected on motion to separate. Bick. Civil Pr. 66. Answer in two affirmative paragraphs :

1. Failure of consideration ;.2. Duress.

Demurrers were sustained to the paragraphs of answer. "'The defendants elected to stand upon the rulings on their •demurrers, refused to answer, and the plaintiffs had judgment for the amount due on the notes.

It is assigned for error that the court…