R.K. Call vs. Jeter

R.K. Call vs. Jeter

Lower Court

  • Leon County

Date

  • 1843

Box

  • 3

Folder

  • 33

Transcript

The Plaintiff in Error insisting that they are entitled to their Judgment rendered on said Demurrer to Evidence, and that the subsequent proceedings by the Court in setting aside the same are irregular and void [?] for Error.

* That the Court erred in entertaining, said motion on 10[th] March 1842 & in their action in that behalf, in ordering the Demurrer to evidence, the proceedings had therein, and the Judgment for Defendant entered thereon to be set aside, and a venire facias de novo to be issued.

* That if the Court of Appeals do not so regard such action of the Court upon said motion, but shall consider that this case was legally opened, and tried again, then that there is Error in the Judgment & proceedings of the Court below in this. That the Court below erred in sustaining Plaintiff Demurrer to Third and Fourth (3+4) Pleas to the Original Declaration

* That [?] in like manner that the case was legally opened & tried again, then that there is error in this that the Court sustained the Plaintiff's Demurrer to second & third (2 & 3) Pleas to the Amended Declaration.

* That there is error also in this that the Court erred in striking out defendants sixth (6) plea & in refusing to receive Defendants Eighth (8) Plea to said Original Declaration.

* That the Court below erred in sustaining the Plaintiff's Demurrer to Rejoinder to Fourth and Fifth Pleas to Fourth & Fifth Pleas to amended Declaration.

* That the Court erred in overruling Defendants.