¶1— “ The trial of the cause without any answer to the second plea was erroneous. Swan v. Rary, 2 Blackf. 291; Huston v. McPherson, 8 Blackf. 562. It was too late after the trial and judgment to file the replication.”
¶2Judgment reversed, &c.
1 Smith & H. 257
Seivens v. McCall
Decided May 15, 1849
Indiana Supreme Court · decided 1849-05-15
Assumpsit, for work and labor, and money paid. Pleas — Ost. Non assumpsit. 2d. Payment and set-off. Similiter to the first plea, but no answer to the second. Cause submitted to the Court and final judgment for the plaintiff. On the next day after the trial and judgment as above stated, the Court permitted the plaintiff to file a replication in denial of the second plea.
Relies on Huston v. M'Pherson · Swan v. Rary
Decided 1849-05-15