Watriss v. Pierce
Supreme Court of New Hampshire
Covenant. This case had been previously before the court upon demurrers to the plea of the defendants, and the declaration is stated at length in 32 N. H. 560. One class of pleas, alleging fraud, were sustained, and are stated substantially at page 560. The demurrers to these pleas were then withdrawn, and several replications filed to each, by leave of the court, agreeably to our statute of 1847, O. S. 483, sec. 4. On one of these, issue is joined.
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Covenant. This case had been previously before the court upon demurrers to the plea of the defendants, and the declaration is stated at length in 32 N. H. 560. One class of pleas, alleging fraud, were sustained, and are stated substantially at page 560. The demurrers to these pleas were then withdrawn, and several replications filed to each, by leave of the court, agreeably to our statute of 1847, O. S. 483, sec. 4. On one of these, issue is joined. To the others, the plaintiffs demur, and the questions now arise upon these demurrers. The declaration, in three counts, in substance alleges,…
1Opinion of the CourtBell, J.
The first replication is objected to, because, as it denies none of the facts alleged in the plea, it admits them, and offers an issue to the jury upon the legal effect of them. The sufficiency of the plea is a matter of law, to be determined by the court upon a demurrer. A replication which refers a mere question of law to the decision of the jury, is not to be sustained. Gould’s PL 358, 406; Arch. Civ. Pl. 202, 271; Com. Dig., Pleader, R, 10; Hale v. Dennie, 4 Pick. 503.
This replication is insufficient, if regarded as a denial of all the facts alleged in the plea. The replication must deny…
2Cases cited10 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Colvin v. BurnetNew York Supreme Court · 1837
- Fidler v. DelavanNew York Supreme Court · 1838
- Boyce v. BrownNew York Supreme Court · 1849
- Russell v. ClappNew York Supreme Court · 1849
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