JULY TERM, 1856. AARON V. ANDERSON. e AARON [1'268 V. ANDERSON. The same principle decided as in Cornish v. Sargent, ante. Appeal from Union Circuit Court. HON. ABNER A. STITH, Circuit Judge. Carleton, for appellant. Lee, for appellee. HANLY, J. The facts of this case are identical with those in Cornish v. Sargent, just determined, except that the form of action in this was assump-sit, and the defendant below only of-
AARON V. ANDERSON. VOL. 18 fered to file one plea—the general been denied this right, the judgment issue. of the Union circuit court in this be-We hold, in this case, as we did in half is reversed, and the cause re-Cornish v. ,Sargent, that the defendant manded with directions that the de-below should have been permitted to fendant below be allowed to file his file his plea for the general issue, not-plea on or before the calling of the withstanding the rule of practice of the cause in its order on the docket. court requiring the pleadings to be Absent, Hon. C. C. Scott. made up in all causes by the fourth Cited:--23:650. day of the return term ; and having
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