Stow v. Scribner

The motion in this case must prevail. Matters which do not directly contradict that which a .plaintiff is bound to prove, in an action of trespass, under the general issue, but which show, collaterally, that .the action is not maintainable, must be specially pleaded, or a brief statement of the matters must be filed under the statute.

*253 Starkie's Ev. 1462, 1 Chitty's Pl. 491-493; 6 East, 394, Welch v. Nash.

New trial granted.