Ellis, Administrator v. Appleby Another
Supreme Court of Rhode Island
In these three actions, the first and third of which were actions of the case in assumpsit, and the second of which was an action of the case in trover, the pleadings upon which the decisions reported turned were so nearly similar, that they have been reported together.
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In these three actions, the first and third of which were actions of the case in assumpsit, and the second of which was an action of the case in trover, the pleadings upon which the decisions reported turned were so nearly similar, that they have been reported together. The actions were brought by the plaintiff in the character of administrator of Allen Ellis, late of West Greenwich, deceased, but the declaration contained no allegation with regard to the source from which the plaintiff derived his appointment, nor did it make profert of his letters testamentary. To each of them the…
1Opinion of the CourtAmes, C. J.
The main objection made to the replication to the first plea, is, that the plaintiff, by concluding it with a verification instead of to the country, has needlessly protracted the pleadings, and delayed to another stage the forming of an issue, which is the purpose of them. Whether this objection be well founded or not, depends upon the question whether the replication, beside traversing the allegation in the plea, contain new matter which it is proper that the plaintiff should allow the defendant an opportunity to rejoin to in his defence. We are all satisfied that it does, and is therefore…
2Cases cited2 opinions
- Kane v. PaulSupreme Court of the United States · 1840
- Onondaga County Bank v. CarrNew York Supreme Court · 1837