Ashton v. Fitzhugh
U.S. Circuit Court for the District of District of Columbia
At law. Special demurrer; because the declaration is that defendants render to plaintiff $103%, or 31 pounds of Virginia, which they owe and detain; .which is uncertain, not being positive, nor certain what pounds are meant, whether of tobacco or anything else. It was also suggested by Mr. Caldwell, that it was uncertain because it stated that the defendants were bound, &c., and there are no defendants until after plea or defence taken.
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At law. Special demurrer; because the declaration is that defendants render to plaintiff $103%, or 31 pounds of Virginia, which they owe and detain; .which is uncertain, not being positive, nor certain what pounds are meant, whether of tobacco or anything else. It was also suggested by Mr. Caldwell, that it was uncertain because it stated that the defendants were bound, &c., and there are no defendants until after plea or defence taken. The writ was against Philip and McCarthy Fitzhugh, to answer to Henry Alexander Ashton, in a plea that they render to him “one hundred three dollars,…
1Opinion of the Court
THE COURT
was of opinion that the declaration is too uncertain, but gave leave to amend on payment of costs of the term and a continuance if required by defendant
2Cited by1 opinion
- Plato v. RoeWisconsin Supreme Court · 1861