Bank of Columbia v. Scott

1 Cranch 134 | U.S. Circuit Court for the District of District of Columbia | 1803

The court will not suffer the general issue to be struck out to give the defendant leave to plead in abatement.

On the day set for trial of this cause, Mr. Caldwell [for G. Scott’s administrator] moved for leave to strike out the general issue, and file a general demurrer, on the ground that he is named in the writ and declaration, administrator generally, whereas he is administrator with the will annexed. Non allocat.