Trotter & Douglass v. Mills
New York Supreme Court
Motion to elect one of two pleas. The action is debt on judgment. The defendant pleads ml tiel record, and a discharge under the insolvent act, exempting his body from imprisonment.
1Opinion of the Court
By the Court,
Savage, Ch. J.
A similar motion was made in Le Conte v. Pendleton, 1 Johns. C. 104, which was granted, and that the defendant elect, in four days, which of the pleas he would abide by, or, in default, that the plaintiff elect. In Carnes v. Duncan, Cole. C. 35, the defendant pleaded payment and nul tiel record. The court ordered the defendant to elect, on the ground that ml tiel record was not within the reason of the statute for double pleading, because the de*513fendant might know, with absolute certainty, whether there was such a record or not. Dunlap says: “ The defendant will not…
2Cited by8 opinions
- In re CrowWisconsin Supreme Court · 1884
- In re the Judicial Settlement of the Account of SteinAppellate Division of the Supreme Court of the State of New York · 1922
- Fasnacht v. StehnNew York Supreme Court · 1869
- Marston v. LawrenceNew York Supreme Court · 1800
- Whitaker v. BramsonU.S. Circuit Court for the District of Southern New York · 1855
3 more not listed; retrieve them via the Exa API.