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Rule Ii to Prevent Pro Lixity and Delay


RULE II TO PREVENT PRO LIXITY AND DELAY. Where a plea amounts to the general issue it should be so pleaded. It is held that the court is not bound to adhere to this rule, but that it may in its discretion, allow a special plea amounting to the general issue, if it involves such mat ter as might be unfit for the decision of a jury. It is also said that as the court has such discretion, the proper method of taking advantage of this fault is not by demurrer, but by a motion addressed to the court to set aside the plea and enter the general issue instead of it. It appears from the precedents, however, that the objection has frequently been allowd on demurrer.