Taylor v. Kelly , 8 Ark. 101 ( 1852 )

Mr. Justice Scott

delivered the opinion of the Court.

This case is within the principle enforced in the case of Denning v. Kelly, 4 Eng. 435. The defendant having pleaded a plea of a subsequent order or division, lost the privilege of all pleas comprehended in any prior order or division. The motion to strike it out ought to have been granted.

The judgment must be reversed, and the cause remanded.