Brewer v. Tarpley

1 Va. 469

Opinion

The President

delivered the opinion of the Court.

The mere omission of a similiter, in a plea importing the general issue, if it be a fault at all, is the misprision of the Clerk, and, therefore, amendable. In this case, the parties considered it as joined ; the jury were sworn to try the issue joined—the parties go to trial upon the merits, and the verdict is, that the defendant did assume. After this, it is too late to object.

Judgment affirmed.