Hinderer v. Jones
Superior Court of Delaware
Action of assumpsit by John J. Jones against Ernest W. Hinderer, commenced before a justice of the peace. Judgment for plaintiff, and defendant appeals. On defendant’s motion for judgment for want of replication to plea. The facts and questions presented appear in the opinion of the court. •
1Opinion of the Court
Heisel, J.,
delivering the opinion of the court:
The defendant below pleaded non assumpsit, payment, former recovery, set-off and statute of limitations.
On March fourth the plaintiff below declined to reply to any of said pleas until each óf such pleas is drawn out. On May fourth *117counsel for defendant below withdrew all his pleas excepting the plea of non assumpsit and moved for judgment against the plaintiff below for his failure to file a replication to that plea.
It is contended by counsel for defendant below that the plea of non assumpsit is the general issue, that it would be of no…
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- Fraser v. CummingsCalifornia Court of Appeal · 1920
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