The Federal Reporter: With Key-Number Annotations ..., volume 113
The Federal Reporter: With Key-Number Annotations ..., volume 113
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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This is made to appear not only by the controlling act of congress on the sub- jecty but by a long and unbroken line of decisions of courts of the highest repute. The act of congress, which is section 1025, Rev. St., provides : "No Indictment found and presented by a grand Jury In any district or circuit or other court of the United States shaU be deemed Insufficient, nor shaU the trial, Judgment or other proceeding therein be affected by Teason. of any defect or Imperfection in matter of form ...only, which shaU not tend to the prejudice of the defendant*' In the valuable Encyclopaedia of Pleading and Practice (volume I, p. 23) the general rule is stated as follows : "Pleas in abatement, as they do not deny the merits of the plaintiff's daim, but merely tend to delay the remedy, are not favored by the courts, and the greatest strictness is appUed to them, and they wiU not be aided in construction by any intendments. With them correctness of form is matter of substance, and any defect of form is fatal.
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