Marr v. Foster
Marr v. Foster
Opinion of the Court
delivered the opinion of the Court.
In this case it is assigned for error, first, that there are two replications to the second plea. The second plea is, that the arbitrators made no such award as is set forth in the declaration. To this plea the plaintiff has replied, that there was such an award, and sets it forth in words at length; he has also replied generally, that there was such an award without setting out the award. It is conceived that, though these replications do both answer the same plea, yet as they are consistent, and differ only in one being special, and the other general, after verdict on a material issue tried, this is not error. In the second place it is assigned for error, that the replication to the second plea does not answer all that it assumes to answer, and thereby discontinues the action. On inspection it does not appear to the Court, but that the replication does answer all that it assumes to answer; and if it did not, it was a defect available only on demurrer, and is aided by the verdict. The third error assigned is, that there was no issue at law, or of fact, on the matter set forth in the second plea. The general replication to this
Reference
- Full Case Name
- Marr v. Foster & Kirksey
- Status
- Published