Brown v. Herron

4 Yeates 560

Opinion

Per Ctiriam.

There can be no possible ground of distinction, either within the words of the rule, or the reason of the thing itself. The object of the rule was to guard against surprize; and if it was proper that notice of the special matter should be given, where part of the demand is disputed, it must be equally so where the defence goes in avoidance of the whole amount of the specialty.

Judgment affirmed.