Andrews v. Moore
Stark County Court of Common Pleas
This was an action of covenant, brought by writ issued in term time, returnable forthwith, at June term 1816. A declaration was then filed, and a rule taken for a plea; and at Dec. term 1816, Hal-lock, for the plaintiff, moved for judgment for default of a plea.
1Opinion of the Court
President.
The plaintiff was entitled to a judgment by default, for want of a plea, according to the practice of the court; and the defendant coming in, after a motion for judgment, is in the same situation as though at his instance an office judgment had been set aside on the usual terms of pleading, issuably an equitable plea, going on to trial or continuing the cause, at the election of the opposite party. The defendant has prayed oyer, and had it, and then demurred to the declaration. He has also put in two pleas in bar. The first, only, is objected to, and on the ground of its being a…
2Cases cited2 opinions
- Cunningham v. MorrellNew York Supreme Court · 1813
- Wilcox v. Ten EyckNew York Supreme Court · 1809