Burton v. Killam — 1 Del. Cas. 387

Majority

p. 387

BURTON v. KILLAM.

Court of Common Pleas. Sussex.

November, 1795.

Bayard’s Notebook, 128.^[1]

Defendant alleges that his plea is ill and therefore that the plaintiff cannot have judgment. This should be a reason why the defendant should not have judgment, but can be no reason why the plaintiff should not. Gilb.C.P. 132. So if the

p. 388

replication be ill, if the plea is also ill, plaintiff shall have judgment. 1 Str. 302.

Bayard for plaintiff.

Plaintiff recovered and had judgment.