Jackson v. Winchester
Supreme Court of Pennsylvania
INDEBITATUS assumpsit for goods sold and delivered. Pleas, non assumpsit and payment. Before the jury were charged, the defendant’s counsel prayed leave to withdraw his plea of non assumpsit, as he meant to rely on his plea of payment. This was objected to as the plaintiffs had been put to expense in obtaining proof of the sale and delivery of the goods.
1Opinion of the Court
Shippen C. J.
Wherever trouble or expense has been incurred by any plea of the defendant’s, the court will not give leave to retract the the plea, unless full compensation has been made for such trouble and expense.
Yeates,’J.
It has been determined in this court, (Vol. I. p. 38) that a defendant is not entitled to withdraw a plea at the time of trial, in order to give him the benefit of conclusion with the jury.
Per cur.
We must establish it as a general rule, that a defendant, shall not withdraw any of his pleas without the leave of the court or consent of the adverse party, where it may be…
2Cited by2 opinions
- Mechanics' Bank v. FisherSupreme Court of Pennsylvania · 1828
- Armsby v. PeopleNew York Supreme Court · 1873