Soper v. Soper
New York Supreme Court
Motion for judgment non obstante verdicto.* The defendant pleaded the general issue in an action of assumpsit and an insolvent discharge, exempting his body from imprisonment. The plaintiff replied fraud.
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Motion for judgment non obstante verdicto.* The defendant pleaded the general issue in an action of assumpsit and an insolvent discharge, exempting his body from imprisonment. The plaintiff replied fraud. On the trial of the cause the jury found for the plaintiff on the first issue and for the defendant on the second, and the plaintiff now moved for a general judgment, non obstante veredicto, on the ground that the plea of the discharge was not good, in not averring that the defendant was an inhabitant of the county in which the officer resided who granted the discharge. The plea was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plea is unquestionably bad, but we feel reluctant to give judgment for the plaintiff non obstante veredicto. The presumption is that the discharge was granted by the proper officer; and on application, the defendant would have been permitted to amend. We accordingly suspend giving judgment, so that the defendant may apply to amend his plea, which motion will he granted by us on payment of all costs, and saving all the legal rights of the plaintiff.
2Cited by5 opinions
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