Supreme Court of Vermont, 1801

Rice v. Pollard

Rice v. Pollard
Supreme Court of Vermont · Decided August 15, 1801 · Smith
1 Tyl. 230

Rice v. Pollard

Opinion of the Court

Smith, Judge.

I am against the admission of the matters proferted in the notice. Exception -to the evidence under the notice can be the only consistent mode to avoid such impertinent matter. The defendant can give notice only of such special matters as would prevail in bar, not such as would be demurrable. The matters in the notice, if pleaded in bar, would be clearly demurrable.'

Chief Judge. I am of the same opinion.

Verdict for the plaintiff

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