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
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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.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts?
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To quickly assess the difficulty of the text, read a short excerpt:
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.
What to read after Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts?
You can find similar books in the "Read Also" column, or choose other free books by Massachusetts. Supreme Judicial Court to read onlineMoreLess
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