First Bancredit Corp. v. J. G. McKenzie Lumber Co.

I dissent from the judgment of affirmance for the reason that in my opinion the court erred in overruling the demurrers of the plaintiff to paragraphs c and e of the answer. The matters set up in these parts of the answer were utterly immaterial and irrelevant on the question as to whether there was a fraudulent concealment acted on by the plaintiff, and such matter injected into the case might reasonably tend to mislead and confuse the jury on the vital issue involved. *Page 605