O'Connell v. E. C. King & Son

The first ground upon which the plaintiff petitions for a new trial is that the court erred in permitting the defendants’ plea of tender to be withdrawn just before impaneling the jury in the case.(1) We think it was within the discretion of the trial court to allow said plea to be withdrawn, and we fail to see that the plaintiff’s rights were prejudiced thereby. See Ency. PI. & Pr. vol. 22, 1323, and cases cited in.notes 3, 4, and 5.

The law seems to be well settled that “not only pleadings properly so'called, but also demurrers, motions, stipulations, and statements of fact agreed upon by…