Den ex dem. Price v. Sanderson
Supreme Court of New Jersey
Iii Ejectment on demurrer to rejoinder to replication to a plea puis darrein continuance> ! 1. A plea, that plaintiff entered in and upon the defendant’s “possession.”’ Replication, that defendant abandoned the possession, absque hoc, that the plaintiff entered, &c. Rejoinder, that plaintiff demanded the possession, and thereupon entered, absque hoc, that'defendant abandoned, &c.
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Iii Ejectment on demurrer to rejoinder to replication to a plea puis darrein continuance> ! 1. A plea, that plaintiff entered in and upon the defendant’s “possession.”’ Replication, that defendant abandoned the possession, absque hoc, that the plaintiff entered, &c. Rejoinder, that plaintiff demanded the possession, and thereupon entered, absque hoc, that'defendant abandoned, &c. Ob demurrer,held,that the rejoinder was bad: 1st, as a departure; and 2d, as tendering a traverse upon a traverse. 2. A plea ,pujs darrein continuance, -that the lessor of the plaintiff had entered in and upon the…
1Opinion of the Court
The opinion of the Court, was delivered by
Hornblower, C. J.
After tliis cause liad been once or twice carried down for trial, upon the general issue, the defendant pleaded, puis darrein continuance, in bar, that on &c. the lessor of the plaintiff entered upon the premises in question, “in and «pon the possession of the defendant,” and then and there took possession of the said premises, and froiri thence hitherto held the same against the said defendant. To this plea the plaintiff replied, predudi notice, because the defendant, after issue'joined, to wit, on See. abandoned the possession of…
2Cases cited1 opinion
- Austin v. Jackson, ex dem. KimberNew York Supreme Court · 1828