Fisher v. Pond

New York Supreme Court

Fisher v. Pond

1 Hill & Den. 672

DecidedOctober 15, 1841

StatusPublished

This text of 1 Hill & Den. 672 (Fisher v. Pond) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. Pond, 1 Hill & Den. 672 (N.Y. Super. Ct. 1841).

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Opinion

By the Court, Bronson, J.

Whether the plea is false or-not, is more a question of law, than it is one of fact. It depends on the inquiry, whether the statute of limitations commenced running immediately after the return day of the execu-, tion; and that is not a matter to be settled in this way.

The plea may be bad because it says, not guilty within, three years, instead of alleging that the action did not ac-. [673]*673crue within that time. (2 R. S. 296, § 22. Dyster v. Battye, 3 B. & Ald. 438.) But that question is not now before us, for this is neither a demurrer, nor a motion to strike out the plea as frivolous.

Motion denied.

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By the Court, Bronson, J.

Whether the plea is false or-not, is more a question of law, than it is one of fact. It depends on the inquiry, whether the statute of limitations commenced running immediately after the return day of the execu-, tion; and that is not a matter to be settled in this way.

The plea may be bad because it says, not guilty within, three years, instead of alleging that the action did not ac-. [673]*673crue within that time. (2 R. S. 296, § 22. Dyster v. Battye, 3 B. & Ald. 438.) But that question is not now before us, for this is neither a demurrer, nor a motion to strike out the plea as frivolous.

Motion denied.

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Bluebook (online)

1 Hill & Den. 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-pond-nysupct-1841.