11.734 71/100 From this Judgment the Writ of Error was prayed. The Plaintiff in error insisting that they are entitled to their judgment rendered on said Demurrer to evidence, and that the subsequent proceeding by the Court in setting aside the same an irregular and void assign for Error.
I. 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 therein to be set aside an a venire facias de novo to be issued.
II. 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 Plaintiffs Demurrer to third & fourth (3 & 4) Pleas to the original declaration.
III. That opening 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.
IV. That there is error also in this, that the Court erred in striking out Defendant's sixth (6) plea & in refusing to receive Defendants eight (8) plea to said original declaration.
V. That the Court below erred in sustaining the Plaintiff's Demurrer to Rejoinder to Fourth and Fifth Replications, to Fourth & fifth pleas to amended Declaration.
VI. That the Court erred in overruling Defendants