Jackson v. Rundlet

WOODBURY, Circuit Justice.

It is well settled, that an objection founded on duplicity in pleading can be taken advantage of only by a special demurrer. Otis v. Blake, 6 Mass. 336. Because the defect is in form rather than substance, tending to prolixity, unnecessary expense in recording and copying, and confusion with courts and juries by. multifarious and mixed issues. 1 Chit. Pl. 513. The duplicity must also be specially pointed out. 1 Saund. 337b; 10 East, 73; Currie v. Henry, 2 Johns. 433. In this case, the designation of the duplicity is imperfect, but the demurrer may be regarded as…