Morrow v. McSteele

<p>Abstract of the Decision.</p> <p>1. Appeai and error, § 1697* — when error in placing case on short-cause calendar is not waived. Under the rule of the Circuit Court that no case shall be noticed for trial on the short-cause calendar until it is at issue, a case cannot be placed on that calendar until an issue of fact has been formed on each of the pleas filed, and where, after a judgment by confession on a note has been reopened and defendant has filed a plea of the general issue and special pleas setting up want of consideration and failure of consideration, error in placing the ease on the short-cause calendar over defendant’s objection with the pleadings in that condition and in refusing to strike it therefrom on defendant’s motion is not cured by the fact that replications were filed by the plaintiff the day before the cause was reached for trial on the short-cause calendar, and defendant’s objections are not waived, where, after again moving to strike the cause from the short-cause calendar when it was reached, he took no part in the trial.</p> <p>2. Bills and notes, § 364* — when replications setting up want and failure of consideration are not demurrable. In an action to recover on a promissory note, replications to special pleas setting up want of consideration and failure of consideration are not demurrable where, though loosely drawn and addressed to the various paragraphs of which the pleas are composed instead of to the pleas as such, they set forth that a valuable consideration for the note passed from plaintiff and in due course.</p> <p>3. Pleading, § 130* — when conclusion of replication is sufficient. It is sufficient if the conclusion of a replication is, in substance, to the country, even though it does not so conclude in terms.</p>