Green v. Dewitt

Connecticut Superior Court

Green v. Dewitt

1 Root 183

DecidedMarch 15, 1790

StatusPublished

This text of 1 Root 183 (Green v. Dewitt) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. Dewitt, 1 Root 183 (Colo. Ct. App. 1790).

Pincite

Opinion

By the Court.

The defense set up, however it might have been available in the original action, is inadmissible upon the scire facias. Further, the defense is insufficient if it had been regularly pleadable to the scire facias, for it admits the receiving of twenty! shillings in his own wrong, and the plaintiff avers that he received £700 worth of estate, which is not traversed or denied by the defendant; and his after taking administration does not purge the original wrong.

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By the Court.

The defense set up, however it might have been available in the original action, is inadmissible upon the scire facias. Further, the defense is insufficient if it had been regularly pleadable to the scire facias, for it admits the receiving of twenty! shillings in his own wrong, and the plaintiff avers that he received £700 worth of estate, which is not traversed or denied by the defendant; and his after taking administration does not purge the original wrong.

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Bluebook (online)

1 Root 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-dewitt-connsuperct-1790.