Morgan v. Dyer
New York Supreme Court
THIS was an action of debt on a judgment, obtained in the court . m. of common pleas of Washington county, in 1804. 1 he declaralion was filed in May term, 1811; and an imparlance given to August term, when the defendant, pleaded mil tiel record; a replication joined issue thereon; a day was given to the next Octobcr term, to bring in the record, See. and continuances were entereci from term to term, until October term, 1812, and in the vacation following, the defendant…
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THIS was an action of debt on a judgment, obtained in the court . m. of common pleas of Washington county, in 1804. 1 he declaralion was filed in May term, 1811; and an imparlance given to August term, when the defendant, pleaded mil tiel record; a replication joined issue thereon; a day was given to the next Octobcr term, to bring in the record, See. and continuances were entereci from term to term, until October term, 1812, and in the vacation following, the defendant pleaded, that since the last continuanee, to wit, on the 24th September, 1811, being an insolvent debtor, within the meaning…
1Per curiam
The proper course for the plaintiff, if he wishes to avail himself of the objection, that the plea was not pleaded in season, is by motion to set it aside, and not by demurrer. On demurrer, this court are to judge, from the plea itself, whether it is sound in form or substance, and not whether it was put in within the regular time for pleading such a plea. It rests in the discretion of the court to receive it, or not, even after more than one continuance between the time that the matter of the plea arose, and the coming in of the plea, and this discretion will be governed by circumstances…
2Cited by9 opinions
- Bowman v. RussNew York Supreme Court · 1825
- Ruckman v. . CowellNew York Court of Appeals · 1848
- Bauer v. RothSupreme Court of Pennsylvania · 1833
- Stanton v. . EllisNew York Court of Appeals · 1855
- Rowell v. HaydenSupreme Judicial Court of Maine · 1885
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