42 Miss. 276 | Miss. | 1868
delivered the opinion of the court.
There are two assignments of error:
1. The court erred in sustaining the demurrer of defend-, ants in error to the second plea of the plaintiffs in error.
2. In rendering judgment nil dioit against plaintiffs in error, without any disposition having been made of the second plea.
Both these assignments of error are well taken. There are two pleas in the record. The first is a special plea setting up a failure of consideration of the note sued on, stating fully the facts constituting the supposed failure of consideration.
The second idea sets up a want of consideration generally, without stating any facts showing the want of consideration.
The demurrer is aimed at “the plea” without designating which one of the two pleas on file; until we come to the sixth cause of demurrer, which expressly limits the demurrer to the first plea.
Judgment reversed, and cause remanded for further proceedings.