Samuel Freeman Miller

“ The plea was stricken out by order of the court on the ground that it came too late. This court held that such action was within the discretion of the circuit court, and would not be revised.
In the case before us the defendant below (plaintiff in error) filed his peremptory exception after the case was at issue, and on the day that it was set for trial before a jury, praying that the suit should be dismissed because T. S. Burbank, a partner with plaintiff in the transaction which is the foundation of this suit, was not made a plaintiff in the case. ”