Scotten v. State ex rel. Simonton

This was an action by the appellee against the appellant and one Nathan W. Rogers, upon a promissory note payable to the State of Indiana. Rogers made default, and judgment was rendered against him, and, having refused to join in the appeal, he was duly notified of such *53appeal, but has not appeared and declined to join, and is regarded as having joined.

The appellant appeared and demurred to the complaint, but his demurrer was overruled, and he took an exception: Thereupon he filed his separate answer in two paragraphs. The court sustained a demurrer to the second paragraph, and appellant…