Tyre v. Mulvena

Superior Court of Delaware

Tyre v. Mulvena

16 Del. 295

DecidedNovember 15, 1896

StatusPublished

This text of 16 Del. 295 (Tyre v. Mulvena) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyre v. Mulvena, 16 Del. 295 (Del. Ct. App. 1896).

Pincite

Opinion

Lore, C. J.

The plea alleges that the plaintiff paid the sum of money. This eliminates the question as to what the payment consisted of and leaves only the question as to the allegation of time.

While the time is often left blank, there is no doubt that the plaintiff is entitled, if he so demands, to have the time set forth *in the plea; and as to whether the defendant will be confined in his proof to the date alleged is a matter that may arise hereafter, but is not before us now.

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Lore, C. J.

The plea alleges that the plaintiff paid the sum of money. This eliminates the question as to what the payment consisted of and leaves only the question as to the allegation of time.

While the time is often left blank, there is no doubt that the plaintiff is entitled, if he so demands, to have the time set forth *in the plea; and as to whether the defendant will be confined in his proof to the date alleged is a matter that may arise hereafter, but is not before us now.

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Bluebook (online)

16 Del. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyre-v-mulvena-delsuperct-1896.