New York Supreme Court, 1823

Everitt v. De Groff

Everitt v. De Groff
New York Supreme Court · Decided August 15, 1823
1 Cow. 213

Counsel

W. W. Bogardus, for the motion,, Rugglcs Bulkley, contra,

Everitt v. De Groff

Opinion of the Court

Curia.

The issue is sufficiently joined. “ &c.” at the close of the plea, shall he construed in this case to mean evcry necessary matter that ought to be expressed; and so are several authorities. (Co. Litt. 17 b. Per Ld. Mansfield & Aston, J. in Sayer v. Boyer, Cowp. 407.) We, accordingly, construe it to mean a similiter.(a)

Motion denied.

Vid. Harris’ case, Cro. Jac. 502, and Berton v. Mandell, id. 67, 3 Burr. 1793, Statute of amendments and jeofails, 1 R. L. 118-19, that the J ustices shall proceed to give judgment upon a verdict, notwithstanding: a misjoining of the issue.

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