Majority
p. 211Bradstreet, demandant, vs. Clarke, tenant.
Headnote
The provisions of the revised statutes relative to writs of right, do not affect suits commenced previous to 1st January, 1830. Such suits maybe conducted conformably to the practice as it existed previous to that day.Writ of right. This suit was commenced previous to the first of January last. At the January term an imparlance was granted to the tenant until the first day of this term, when he appeared and pleaded, vouching to warranty the heirs of his grantor, and praying a summons ad warrantizandum returnable at the next term. A question was submitted, whether the plea could be received.
J. L. Tillinghast, for demandant.
J. L. Mason, for tenant.
By the Court,
The proceedings in this suit must be conformable to the practice as it existed previous to the Revised Statutes taking effect, the suit having been commenced previous to the first of January last. Those statutes do not modify the proceeding as to voucher in real actions, but abolishes it altogether. (2 R. S. 341, § 17.) The provisions of those statutes, however, cannot effect suits commenced previous to the first day of January; they must be conducted according to the practice as it existed before the Revised Statutes went into operation. Let the plea be filed.