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CUNNISON CO. v. HUNTER.

On demurrer to one issue and answer to the other the case stands for trial on the issue.

PER CURIAM.

If there be a demurrer to one plea, and issue upon another, the parties must be prepared for trial on the issue, though the demurrer be under the direction of the Court. Upon an argument formerly had, and the plaintiff being not ready, he was nonsuited.

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CUNNISON v. HUNTER
(Jun 1, 1804)