Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts
Massachusetts. Supreme Judicial Court
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Upon a motion by the defendant, which was resisted by the plaintiff, the juuge granted a new trial and ordered that the parties should replead. To these several determinations the plaintiff filed his excep- tions. My IM. Dunlap^ in support of the exceptions, said that perhaps the replication, notwithstanding it contained a traverse upon a trav- erse, might be sustained Fenner v. Fisher^ Cro. Eliz. 288 Cary v. Holt, 2 Sira. 1238, and 11 East, 70, note; Com Dig. Pleader, G, 22. But the first faul...t was in the defendant Digitized by VjOOQIC MARCH TERM 1825. 125 his plea amounting to the general issue ; Hallet r. Birt^ Skin. Gerrish 674, 5 Mod. 252, and 1 Salk. 393 ; Gibbons v. Pepper, ^r^ 4 Mod. 404 ; Moors v. Parker, 3 Mass. R. 311 ; and there- forei even if the issue was immaterial, a repleader cannot be awarded for his benefit. Webster v. Bannister, 1 Doug. 395 ; Kempe v. Crewes, 1 Ld. Raym. 170; United States v. Bum- ham, 1 Mason, 66 ; Eaton v. Stone, 7 Mass. R. 314 ; 2 Wras's Saund. 319 c.
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