Branson v. Boardman — 1 Cole. & Cai. Cas. 51

Majority

p. 51

Branson ads. Boardman and another.

Headnote

IN this cause, a demurrer was filed to the replication ; the defendant’s attorney, at the same time, applied to the deputy clerk for leave to strike out the similiter, but the clerk refused to permit him to do so. Notice of trial was then given, and an inquest taken.

Jones for the defendant,

now moved that the verdict be set aside for irregularity.

The 9th rule of April term, 1796, provides that “ If either party shall in pleading, in 6C any degree, tender an issue to the country, and if “ the opposite party shall not demur to the pleading, '£ within tiventy days after service of a copy thereof, u the cause shall in each of these cases, be deemed to “ be at issuebut here was a demurrer filed within the twenty days, and the striking out the similiter from the replication which had been filed was not necessary. Let the verdict be set aside with costs.