Clay v. Johnson

Judge Owsley

delivered his own opinion.

I concur in reversing the judgment which was rendered by the circuit court in this case. But as the opinion just delivered has not, in *657every point, my assent, and as the cause must go back to the circuit court for further proceedings, it is due to the case that I should give my views on the points of difference. This I shall proceed to do.

Question, on ?vh,ich *jle agree! lS* ^icfonce?3 motionTfor instiuctions as in case thaTaffirma-' tive pleas are not main-taine“"

The action was brought by Clay, the appellant, against the appellees, on a note for $2,240,…