Legal Opinion

Tebbets v. Tilton

Superior Court of New Hampshire

Decided December 15, 1851Published

The plaintiff declared in assumpsit, upon a promissory note made by the defendant’s intestate. The defendant pleaded, that within three months of her appointment to her said office of administratrix, she returned, under oath, a just and true inventory of all the estate of the said [intestate] to the probate office of the said county; that after-wards, on, &c., she presented to the judge of probate for said county of B. for his approbation, a just and true account of her…

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The plaintiff declared in assumpsit, upon a promissory note made by the defendant’s intestate. The defendant pleaded, that within three months of her appointment to her said office of administratrix, she returned, under oath, a just and true inventory of all the estate of the said [intestate] to the probate office of the said county; that after-wards, on, &c., she presented to the judge of probate for said county of B. for his approbation, a just and true account of her administration of the estate of the said [intestate,] and the said judge then allowed to the said [administratrix,] who was…

1Opinion of the CourtBell, J.

The demurrer raises the question, whether the replication is bad for duplicity. Duplicity in a plea consists in alleging two or more distinct grounds of defence, when one of them would be as effectual in law as all of them; and in subsequent pleadings, in stating two or more matters in answer to the preceding pleading, when one of them would be sufficient. Gould’s Pl. 419.

A single ground of defence is not necessarily confined to a single fact, since several connected facts may be, and very often are, necessary to constitute one single and complete answer to the action. 1 Ch. Pl. 512; Arch.…

2Cases cited12 opinions

  1. Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
  2. Bryant v. AllenSuperior Court of New Hampshire · 1833
  3. Currie v. HenryNew York Supreme Court · 1807
  4. Russell v. RogersNew York Supreme Court · 1836
  5. Tubbs v. Caswell & PettitCourt for the Trial of Impeachments and Correction of Errors · 1831

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