Plumb v. M'Crea

New York Supreme Court

Plumb v. M'Crea

12 Johns. 491

CourtNew York Supreme Court

DecidedOctober 15, 1815

StatusPublished

Cited by3 cases

This text of 12 Johns. 491 (Plumb v. M'Crea) 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

Plumb v. M'Crea, 12 Johns. 491 (N.Y. Super. Ct. 1815).

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Opinion

Per Curiam.

The replication of de injuria suapropña,, &<?., is bad, according to the rule laid down in Crogateh ease, and recognized by the court, in Lytle v. Lee & Ruggles, (5 Johns. Rep. 113. This is a pléa good only where the matter alleged is by way of excuse, and not where it is insisted upon as giving 'a right. (1 Chitty’s Pl. 562, 3, 4.) The pleas are good and sufficient, if true, to bar the plaintiff’s right of recovery. If the cattle were forfeited by the act of, congress, the property was devested by the ac-t of flip plaintiff.. ■ .

Judgment for the defendants, :

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Per Curiam.

The replication of de injuria suapropña,, &<?., is bad, according to the rule laid down in Crogateh ease, and recognized by the court, in Lytle v. Lee & Ruggles, (5 Johns. Rep. 113. This is a pléa good only where the matter alleged is by way of excuse, and not where it is insisted upon as giving 'a right. (1 Chitty’s Pl. 562, 3, 4.) The pleas are good and sufficient, if true, to bar the plaintiff’s right of recovery. If the cattle were forfeited by the act of, congress, the property was devested by the ac-t of flip plaintiff.. ■ .

Judgment for the defendants, :

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Bluebook (online)

12 Johns. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plumb-v-mcrea-nysupct-1815.

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