Supreme Court of Vermont, 1801

Davis v. Cole

Davis v. Cole
Supreme Court of Vermont · Decided September 15, 1801
1 Tyl. 262

Davis v. Cole

Opinion of the Court

Sed per Curiam.

The only reason assigned in the books why the general issue must be pleaded in preference to a special plea, is not for the insufficiency of the plea, but because the plea in bar tends to swell the records. It is observable, that though the plea in bar concludes, to the Court, yet the plaintiff is abridged of no rights by it; for he may traverse the fact alleged in bar as in the present case he may have traversed the antedating of the bond, and this would draw the point to the consideration of the Jury.

Plea in bar sufficient

Case-law data current through December 31, 2025. Source: CourtListener bulk data.