Craine v. Fulton

Suit before a justice of the peace, upon a promissory note, and judgment by default against defendant. The defendant [appealed, and in the District Court filed an answer; first, denying his indebtedness; second, alleging failure of consideration.

The plaintiff moved to strike the second portion of defendant’s answer from the files for the reason that no such issue was presented in the justice’s court. This motion was sustained, and judgment was rendered against defendant, who appeals, and assigns as error the ruling of the court upon plaintiff’s motion.

The appellant in his argument, admits…