Hutchinson v. Brock
Massachusetts Supreme Judicial Court
This was a writ of right, to which the first answer of the tenant was a tender of an issue upon the right of the demandant.
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This was a writ of right, to which the first answer of the tenant was a tender of an issue upon the right of the demandant. This was relinquished at October term, 1812, when the following plea was filed, viz.: “ And now the said William (b) comes and defends, &c., when, &c., and prays judgment of the demandant’s writ and declaration aforesaid, that the same may be quashed ; because he says that, since the last continuance of said cause, war has been declared, by the administration of the government of the United States of America, to exist, and does now in fact exist, between the said United…
1Opinion of the CourtSewall, C. J.
The obvious clerical mistake in this plea must
be corrected ; for, as it stands, it is no answer in this action, or for the tenant, who is sued and put to answer by the name of Luke Brock. The demandant has, however, accepted this plea, and filed a formal answer to it; in which he calls it the plea of the tenant in the action; and although this will not cure the error, it is, we think, a waiver of any exception for this cause ; and the tenant is entitled to amend the name of the person for whom the plea is filed and the averments are made.
Other exceptions have been urged to this plea, upon the…
2Cases cited2 opinions
- Sewall v. LeeMassachusetts Supreme Judicial Court · 1812
- Martin v. WoodsMassachusetts Supreme Judicial Court · 1812
3Cited by15 opinions
- Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Marks v. MarksU.S. Circuit Court for the District of Tennessee · 1896
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