Bell v. Chapman
New York Supreme Court
THIS was an action on a covenant contained in a lease. The defendant, after praying oyer of the lease, pleaded non estfactum, as of May term, 1811. Continuances were entered on the roll, until August term, 1812, with an award of a venire, returnable, at the Clinton circuit, on the 29th of June, 1812. The cause being called, and jury sworn, the following plea, puis darrein continuance, was put in by the defendant, and set forth in the postea; “And the said David Chapman, by…
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THIS was an action on a covenant contained in a lease. The defendant, after praying oyer of the lease, pleaded non estfactum, as of May term, 1811. Continuances were entered on the roll, until August term, 1812, with an award of a venire, returnable, at the Clinton circuit, on the 29th of June, 1812. The cause being called, and jury sworn, the following plea, puis darrein continuance, was put in by the defendant, and set forth in the postea; “And the said David Chapman, by his attorney aforesaid, comes and saith that the said Robert Adair Bell ought not further to have or maintain his…
1Per curiam
The plea puis darrein continuance avers that the plaintiff was, at the commencement of the suit, and still is, commorant in Ireland ; and that since the last adjournment he has become an alien enemy, being an alien, born within the allegiance of the King of Great Britain, with whom we are at war, and the plea concludes in bar of the action. There is no doubt that the plea is a valid one in the case of the alien’s residence in the enemy’s country, and the plea may be pleaded either in abatement or in bar, for the precedents are both ways. (Rast. Ent. tit. Ejectment, 7. tit. Trespass per Alien,…
2Cited by6 opinions
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- Mixer v. SibleyIllinois Supreme Court · 1869
- Knœfel v. WilliamsIndiana Supreme Court · 1868
- Russel v. SkipwithSupreme Court of Pennsylvania · 1814
- Jackson ex dem. Johnston v. DeckerNew York Supreme Court · 1814
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