This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
This motion is made by the plaintiff.
"It was made in cases where, after a pleading by the defendant in confession and avoidance, as, for example, a plea in bar and issue joined thereon, and verdict found for the defendant, the plaintiff, on retrospective examination of the record, conceives that such plea was bad in substance, and might have been made the subject of demurrer on that ground."
 
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