R.K. Call v. Jeter

R.K. Call v. Jeter

Lower Court

  • Leon County


  • 1843


  • 3


  • 33


In this case has not been executed on Isaac W. Mitchell one of the defendants, on motion of the plaintiff by his attorney, it is ordered that the suit abate and be discontinued as to Isaac W. Mitchell, and therefore the defendants Walker and Call offered a plea in writing which was rejected by the Court

And on the same day the 16[th] day of February 1842 came the defendants by their attorney and filed the following pleas, which pleas are in the words and figures, following, to wit:

The said defendants protesting against the irregularity of the rule entered against them by the Court in this case, and reserving their right of exception both to said rule and all proceedings in said cause both prior and subsequent thereto for all reasons whatever, and more particularly to their being ruled to plead at the present term of said Court, and reserving their right of exception to the irregularity of the process in said cause, in the issuing thereof and in the form and substance of the same, and the insufficiency of the execution thereof and the informality and irregularity of the proceedings under the same in the time and manner and term of the Court of declaring against said defendants and for all other reasons whatever and the various defects in said declaration both in form and substances: come and defend the wrong and injury when &c &c &c (general non assumption)

And the plaintiff doth the like, Baltzall

And the said defendant protesting as aforesaid for a further plea in this behalf, by leave of the Court first had and obtained according to the form of the estate in such case made and provided say that said plaintiff