By his attorney moved the court for permission to withdraw his replication to defendants third and sixth pleas which was granted; whereupon said plaintiff by his attorney withdrew said replication and filed a demurrer to said third plea. Which demurrer was sustained by the Court: and also moved the court to strike out the sixth plea. Which after argument was ordered by the court to be stricken out and thereupon defts by their attorney filed a seventh plea, to which plaintiff demurred and which demurrer after argument was sustained by the Court whereupon the said defendants by their attorney offered to file an eighth plea which being objected to by the plaintiff, the Court refused to receive, and thereupon came a jury, to wit, R. Lyon, J.G. Williams, E.D. Coleman, D L. Atkinson, A. Levy, M. Levy, W.M. Russell, E. Lockerman, J.B. Bull, M Daffin, Wm P. Craig, D.D Young, who being elected, tried and sworn the truth to speak upon the issue [?] the tho defendants filed their demurrer, whereupon the said Jury being required to say what damages the plaintiff has sustained by occasion of the now performance by defendants of the assumptions in the declaration mentioned if judgment shall be given for the plaintiff upon the said evidence, then they assess the plaintiffs damages by occasion of the now performance of the assumption aforesaid to eleven thousand one hundred and sixty four dollars and seventy five cents besides his costs, and because the court is not yet advised of its judgment to be given in the premises, time is taken to consider thereof.
The following is a copy of demurrer to evidence filed in this case
This cause came on to be heard on this day and after the jury was sworn in the said cause the plaintiff read the declaration filed in said cause, and then read the note