Lanning v. Shute

Supreme Court of New Jersey
Lanning v. Shute, 5 N.J.L. 553 (N.J. 1819)
Kirkpatrick, Southard

Lanning v. Shute

Opinion of the Court

Kirkpatrick C. J.

The plea and notice are one thing, and you must take both together. You cannot nullify the plea by striking off the notice.

Ghetwood thought it necessary to get rid of the bill of particulars, before he could get to the demurrer.

Southard J.

The plea and notice both raise the same question.

By the court:

The whole must be considered on the demurrer. We cannot now strike off the notice.

Reference

Full Case Name
Lanning against Shute
Status
Published