Wilkinson v. Pomeroy
U.S. Circuit Court for the District of Southern New York
[This was an action by Sadie E. Wilkinson against Mark M. Pomeroy to recover damages for breach of promise to marry. A motion to strike out a certain pleading filed by defendant was heretofore granted. Case No. 17,674. The cause is now heard on a special demurrer to the first-plea of defendant.]
1Opinion of the Court
SHIPMAN, District Judge.
The questions presented for consideration in the present stage of this ease, and now to be disposed of, arise on the special demurrer interposed by the plaintiff to the first plea of the defendant. The demurrer is, in substance, that the plea should have been “non assumpsit,” instead of “not guilty.” It appears, from the record, that the defendant had been ordered by the court to file the general issue, and that, under such order, he filed the plea of ••not guilty,” to the first count in the declaration.
1. The plaintiff claims, that the first count in the declaration…
2Cases cited1 opinion
- Prosser v. ChapmanSupreme Court of Connecticut · 1861