Lovett v. Pell

Court for the Trial of Impeachments and Correction of Errors

Lovett v. Pell

1 Lock. Rev. Cas. 399

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 399 (Lovett v. Pell) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lovett v. Pell, 1 Lock. Rev. Cas. 399 (N.Y. Super. Ct. 1799).

Pincite

Opinion

Error would not lie, since the Rev. Stat. by which it is provided that after verdict, a judgment shall not be reversed for mispleading, for a misjoinder of counts; but the mistake must be taken advantage of by demurrer. They also held, that the special assignment of errors in this case, “ that the issues joined were not tried, was bad, as it impeached the [400]*400record; and that the joinder in error was not a confession of the fact assigned as error, but operated as a demurrer.

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Error would not lie, since the Rev. Stat. by which it is provided that after verdict, a judgment shall not be reversed for mispleading, for a misjoinder of counts; but the mistake must be taken advantage of by demurrer. They also held, that the special assignment of errors in this case, “ that the issues joined were not tried, was bad, as it impeached the [400]*400record; and that the joinder in error was not a confession of the fact assigned as error, but operated as a demurrer.

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Bluebook (online)

1 Lock. Rev. Cas. 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovett-v-pell-nycterr-1799.