Griswold v. Bacheller

BROWN, District Judge.

In this action of trespass quare clausum fregit file defendant pleads in abatement that, before the commencement of the present action, the plaintiff “impleaded” the defendant “in a suit in equity in this court, by bill of complaint, for the identical trespasses in the said writ and declaration mentioned.” ! pon general demurrer to the plea the plaintiff makes objection that it is not verified by affidavit, nor supported by the certificate of counsel, as required by sections 2 and 3 of rule 8 of the rules of the circuit court for the First circuit. This objection goes…