Courson v. Lynn

J. S. Lynn, as temporary administrator of the estate of Amy Lynn, brought an action on a promissory note against Willie Courson, as principal, and others as sureties. The petition was in the usual form, and the plea and answer of Courson admitted the allegations of the petition, but interposed certain affirmative defenses. On motion made at the trial term the court struck these affirmative defenses, thus leaving the allegations of the petition admitted. No exception to this ruling was preserved. At this stage of the case Courson offered the following amendment to his answer: “This defendant…