Farrer v. Highway Commissioners

By the Court,'

Blackman, J.

On reading the pleadings, it appeared the premises mentioned in the Narr.,differed from the premises mentioned in the notice attached to the general issue, in the use of N. E. ¼ for N. W. ¼, and that the description in the notice was correct. Upon this state of the pleadings the justification does not answer the charge, and the Justice could not have certified up the case to this Court. It is then clear the mistake was mutual and that the pleadings should be amended so as to raise the issue intended by the parties. This view is sustained by the opinion of. Justice…