Kinney v. M. J. & K. C. R. R.

Smith, J.,

delivered the opinion of the court.

The motion by defendant in the court below for judgment for want of replications to its special pleas was made too late, and should have been overruled. Slaydon v. McDonald, 82 Miss. 504, 34 South. 357. The defendant waived the failure of the plaintiff to formally deny the matter alleged in his special pleas by not moving for a judgment before the introduction was commenced.

Reversed and remanded;