Meyer v. M'Lean

New York Supreme Court

Meyer v. M'Lean

1 Johns. 509

CourtNew York Supreme Court

DecidedAugust 15, 1806

StatusPublished

Cited by5 cases

This text of 1 Johns. 509 (Meyer v. M'Lean) 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

Meyer v. M'Lean, 1 Johns. 509 (N.Y. Super. Ct. 1806).

Pincite

Opinion

Per curiam.

By going to trial on the plea and notice, the plaintiff admitted the plea to be valid, as a general issue. The judge at Nisi Prius is not to decide on the-pleadings; and he was right in admitting the evidence. This is an application for a new trial; but why should we award anew trial, if the plea be bad ? A new trial is never granted for a defect in the pleadings. The plaintiff should have sought a different remedy.

Rule refused.

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Per curiam.

By going to trial on the plea and notice, the plaintiff admitted the plea to be valid, as a general issue. The judge at Nisi Prius is not to decide on the-pleadings; and he was right in admitting the evidence. This is an application for a new trial; but why should we award anew trial, if the plea be bad ? A new trial is never granted for a defect in the pleadings. The plaintiff should have sought a different remedy.

Rule refused.

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Bluebook (online)

1 Johns. 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-mlean-nysupct-1806.

Opinion

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