Randon v. Toby
Supreme Court of the United States
This case was brought up, by writ of error, from the District Court of the United States for Texas. It was a suit brought by Toby, a citizen of Louisiana, by way of petition, upon two promissory notes executed by Random The notes are stated in the first bill of exception. The reporter will not undertake to trace the history of the sui. d refers to the opinion of the court for his reasons for not umig so.
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This case was brought up, by writ of error, from the District Court of the United States for Texas. It was a suit brought by Toby, a citizen of Louisiana, by way of petition, upon two promissory notes executed by Random The notes are stated in the first bill of exception. The reporter will not undertake to trace the history of the sui. d refers to the opinion of the court for his reasons for not umig so. The following table will present a summary view of the condition in which the pleadings were finally placed: — 1847, January 4, petition filed. 1847, February 4, demurrer, plea of…
1Opinion of the CourtJustice Grier
Had this case been conducted on the principles of pleading and practice, known and established by the common law, a short declaration in assumpsit, a plea of non-assumpsit, and non-assumpsit infra sex annos, would have been sufficient to prepare the case for trial on its true merits. But, unfortunately, the District Court has adopted the system of pleading and code of practice of the State courts; and the record before us exhibits' a most astonishing congeries of petitions and answers, amendments, demurrers, and exceptions,— a wrangle in writing extending over more than twenty pages, and…
2Cited by35 opinions
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- Olson v. Synergistic Technologies Business Systems, Inc.Supreme Court of Minnesota · 2001
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