Superior Court of Delaware, 1896

Tyre v. Mulvena

Tyre v. Mulvena
Superior Court of Delaware · Decided November 15, 1896 · Lore
16 Del. 295

Counsel

Nields, for the plaintiff,, Vandegrift, for the defendant,

Tyre v. Mulvena

Opinion of the Court

Lore, C. J.

The plea alleges that the plaintiff paid the sum of money. This eliminates the question as to what the payment consisted of and leaves only the question as to the allegation of time.

While the time is often left blank, there is no doubt that the plaintiff is entitled, if he so demands, to have the time set forth *in the plea; and as to whether the defendant will be confined in his proof to the date alleged is a matter that may arise hereafter, but is not before us now.

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