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Thomas Bell, Pltffs in Error v. Henry Sheldon, Defts in Error
Treat, C. J.
This judgment must be reversed. After sustaining a demurrer to several special pleas, the Court proceeded to render a final judgment against the defendants, without noticing a plea of non-assumpsit.
The issue presented by that plea had to be tried and found against the defendants, before the plaintiffs were entitled to judgment.
The judgment is reversed, and the cause remanded.
Judgment reversed.