Irwin v. Henderson

U.S. Circuit Court for the District of District of Columbia

Irwin v. Henderson

2 D.C. 167

CourtU.S. Circuit Court for the District of District of Columbia

DecidedApril 15, 1819

StatusPublished

This text of 2 D.C. 167 (Irwin v. Henderson) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Irwin v. Henderson, 2 D.C. 167 (circtddc 1819).

Pincite

Opinion

The Court,

however,

(Thruston, J., absent,)

was of opinion, that by demurring to the plea, the plaintiff had waived his right to move to strike out the plea for that cause; but gave no opinion whether it would have been good cause for striking out the plea if the motion had been made before the demurrer.

The Court gave judgment for the plaintiff upon the demurrer, being of opinion that where an execution has been returned, there is no limitation to the revival of the judgment.

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The Court,

however,

(Thruston, J., absent,)

was of opinion, that by demurring to the plea, the plaintiff had waived his right to move to strike out the plea for that cause; but gave no opinion whether it would have been good cause for striking out the plea if the motion had been made before the demurrer.

The Court gave judgment for the plaintiff upon the demurrer, being of opinion that where an execution has been returned, there is no limitation to the revival of the judgment.

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Bluebook (online)

2 D.C. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irwin-v-henderson-circtddc-1819.