Fanning v. Russell

This was an action of assumpsit, brought by defendant in error against plaintiffs in error and Samuel A. Fanning. At the May term, 1873, defendants filed pleas to the merits, which present, on their face, a good defense to the action. The action was continued from term to term, until the May term, 1874. At that- term the court, on motion of plaintiff, ordered the pleas of defendants to be stricken from the files, and rendered judgment, by nil dicit, against defendants, assessed the damages, and gave final judgment for $8057.90.

It is assigned for error that the court erred in striking the…