Meyer v. M'Lean
1 Johns. 509
Opinion
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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Meyer v. M'Lean, 1 Johns. 509 (N.Y. Super. Ct. 1806).
1 Johns. 509 (Meyer v. M'Lean) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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