Palmer v. Evertson
New York Supreme Court
On certiorari to a Justice’s Court. The action was assumpsit in the Court below, by Palmer against Evertson. Plea, the general issue; and that the suit should have been brought against the defendant and others, as partners. . . . , „ On trial, a verdict and judgment were given for the defendant; and one question here was, whether the non-joinder of others could be pleaded after the general issue.
1Opinion of the Court
Curia.
It should have been pleaded in abatement, and consequently came too late after a plea of the general issue. (Per Kenyon, Ch. J. 6 T. R. 770. Laws on Pleading, 108. Cas. Temp. Hardw. 135. 1 Mass. Rep. 358. 1 John. Cas. 101, 2.)
Judgment reversed.
2Cases cited1 opinion
- Smith v. FranklinMassachusetts Supreme Judicial Court · 1805
3Cited by4 opinions
- McQuillen v. StateMississippi Supreme Court · 1872
- Angelina R. Eberly and Peyton Lytle, by His Next Friend, A. B. Eberly, in Error v. Lewis Moore and Charles RaylonSupreme Court of the United States · 1861
- Goodrich v. Compound School District, No. 5Wisconsin Supreme Court · 1853
- Frazier v. GibsonNew York Supreme Court · 1878