Scott, Carhart & Co. v. Jackson

Merrick, O. J.

This is an hypothecary action against the defendant as third possessor. The exception that “ the allegations in plaintiff’s petition do not entitle them to any judgment against the defendants ” is not sufficiently special to enable the defendant to raise the question whether the previous demand's were formally alleged or not. The party who relies upon an exception dilatory in its nature, although arising from the form of the proceeding, must specially plead his exception, aud point out the particular defect upon which he relies. The exception filed merely raises the question…