Fowler v. Clark

3 Day 231

• Court: U.S. Circuit Court for the District of Connecticut
• Decided: June 15, 1808
• Status: Published

Opinion

By the Court,

unanimously.

(a) A traverse properly taken to the material parts of a declaration, plea, replica* tion, &c. either forms an issue, or, if it concludes with a verification, renders it necessary for the other party to affirm the facts traversed, and join issue upon them. The defendants below, in their rejoinder, traversed a material part of the plaintiff’s replication. The plaintiff was bound to take issue upon it. Facts stated by way of inducement to a material traverse are not tra-disable. Of course, the party, by joining issue oí» the facts traversed, does not admit the truth of the induce* xnent.

Judgment affirmed.

Baldwin, J. did not sit in this ease,