Young v. State

This case being brought up by an appeal from the judg*259ment of the county court given upon a general demurrer to the pleas of the appellants, it is insisted by them, that conceding the insufficiency of those pleas, the judgment must be reversed, because, profert of the original bond being made upon the prayer of oyer, there was read to them instead of the original bond, an exemplification of the record thereof. That this was a prior substantial defect in the pleadings of the plaintiff below, and the court being bound to mount up to the first defect in pleading, could render no judgment in his…