
    Harrison, Executor of Stafford v. The Martinsville and Franklin Railroad Company.
    
      Wednesday, June 14.
    Where the general denial is pleaded to a suit by a corporation, the de facto existence of the corporation is admitted.
    If an issue of law, upon a demurrer to a paragraph of the answer, is submitted to the Court at the same time with the issues of fact for trial, and the finding of the Court is for the plaintiff, the demurrer must be regarded as having been sustained, but without exception.
    APPEAL from the Morgan Circuit Court.
    
      McDonald and Harrison, for the appellant.
    
      D. Madure and J. W. Cordon, for the appellee.
   Perkins, J.

Suit upon a contract of subscription to theMartinsville and Franldin Railroad Go. No exception was taken to the overruling of a demurrer to the complaint; hence, no question of law was reserved upon the demurrer. The general denial was answered; hence, the corporation was admitted to exist, dé faeto.

An issue of law, upon a demurrer to a paragraph of the answer, was submitted to the Court at the same time with the submission of the issues of fact, upon the general denial; and as-the judgment of the'Court upon all the issues was for the plaintiff, the demurrer must be regarded as having been sustained, but without exception taken. Upon the evidence, we can not say the Court erred in refusing a new trial. We have noticed all the errors assigned.

Per Curiam.

The judgment below is affirmed, with 1 per cent, damages, and costs.  