Martin v. Clark

The record in this case presents two questions for consideration: First, whether the court erred in excluding an execution offered in evidence by the defendant; and second, in refusing to grant a new trial.

1. Clark brought an action of trespass against Martin, and the cause was tried on the plea of not guilty. In trespass the rule is, that any matter done by virtue of a warrant or authority, must in general be specially pleaded. Co. Litt. 282b, 283a; 6 Com. Dig. “Pleader,” E 17; 1 Salk. 107, 108; Doug. 611; 1 Saund. 298, note 1; 1 Chit. Pl. 538; 13 Johns. 443. The evidence was not admissible…