Tilden v. E. A. Stevenson & Co.

Rodney, J.,

delivering the opinion of the court:

It may be conceded at the outset that a special plea which amounts to the general issue is bad, and will, on motion, be stricken out. Wooley’s Delaware Practice, § 474; Prettyman v. Short, 5 Harr. 360; Collins v. Bilderback, 5 Harr. 133, 135; Emmons v. Home Insurance Co., 1 Penn. 83, 39 A. 775.

*153But, as observed by Lord Chief Justice Denman, in Hayselden v. Steff, 5 Ad. & El. 153, 31 E. C. L. 562, 111 Eng. Reprint, 1124:

“There is a great distinction between the case of a plea which amounts to the general issue and a plea which discloses matter…