Legg v. Robinson
New York Supreme Court
Error from the Cayuga common pleas. Legg sued Robinson in a justice’s court, on an appeal bond, and put in a formal declaration in covenant, setting forth the bond and condition, and averring a judgment for $46,54, debt and costs, in favor of the plaintiff against one John Groom,, for whom Robinson had become surety in the appeal bond, and assigning for breaches that Groom had not paid the judgment, the issuing of Si.fi. fa. and return of nulla bona, the issuing of a ca. sa.…
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Error from the Cayuga common pleas. Legg sued Robinson in a justice’s court, on an appeal bond, and put in a formal declaration in covenant, setting forth the bond and condition, and averring a judgment for $46,54, debt and costs, in favor of the plaintiff against one John Groom,, for whom Robinson had become surety in the appeal bond, and assigning for breaches that Groom had not paid the judgment, the issuing of Si.fi. fa. and return of nulla bona, the issuing of a ca. sa. and return of non est inventus, and that the judgment remained in full force, concluding with the usual breach. The…
1Opinion of the Court
By the Court,
Sutherland, J.
I understand from the record that the defendant’s plea before the justice was simply? “ that he never gave such a writing,” and that he asked for a nonsuit. The justice says in his return, that he pleaded the general issue, and then states the words of the plea as Above, with the marks of quotation. The justice considered those words as constituting a plea of the general issue.
| It is abundantly settled, that in covenant or debt the plea of non est factum puts in issue the giving of the deed only, and that it is not necessary in such a case for the plaintiff to…
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- Landt v. McCulloughAppellate Court of Illinois · 1906
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