Brewer v. Tarpley

Court of Appeals of Virginia

Brewer v. Tarpley

1 Va. 363

DecidedOctober 15, 1794

StatusPublished

This text of 1 Va. 363 (Brewer v. Tarpley) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brewer v. Tarpley, 1 Va. 363 (Va. Ct. App. 1794).

Pincite

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.

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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.

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Bluebook (online)

1 Va. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-tarpley-vactapp-1794.