State v. Securities of Breed

Most of the objections.to the judgment which are urged in the appellants’ argument seem to have been waived by the course of their defence in the court below.

The answer was a general denial, a special denial that Avery Breed was Collector of State Taxes for the year 1847, or that they were his securities, and a prayer that, if the facts should be found otherwise, judgment might be rendered against each of them for his virile share only.

Under such pleadings the defendants cannot be heard in this court to suggest for the first time that they signed the bond through “ error in fact, in the…