Stoflet v. Marker

Graves, J:

This action was brought originally in justice’s court, and was thence taken by appeal to the circuit. The defendants *314in error, who were plaintiffs in the action, were allowed to recover, and complaint is made that there were several errors in the proceedings.

Among other objections, it is urged that the declaration (a copy of which is given below)* set forth no cause of action. The point was expressly made by an objection to the introduction of evidence at the beginning of the trial.

Counsel for defendants in error now insists that as there was no demurrer, but a plea to the merits,…