Fowler

It is contended by the appellee, that the judgment of the Court below must be affirmed, because there are no questions raised upon the record on which it can be reversed : and that the plaintiff should have filed a replication to the defendant’s answer, in order to bring the questions now raised properly before the Court. The complainant avers that he is entitled to a certain per diem compensation under the constitution, for services as a member of the legislature. The answer admits the services, but denies the per diem claimed, and alleges that the plaintiff is only entitled to a less sum, as fixed by the “Act concerning salaries of officers and pay of members of the legislature, passed May 1st, 1851.” The 472nd section of the act regulating proceedings in civil cases, provides that when the answer raises a question of fact essential to the deter- ' mination of and affecting the substantial fights of the parties, the Court may, in its discretion, order the same to be tried by a jury, &c. Section 476 of the same act provides that when an answer is made, which does not raise such an issue as mentioned in section 472, but only such matter as may be explained or avoided by a reply,…