Barheydt v. Haverly
1 Wend. 70 | N.Y. Sup. Ct. | 1828
By the Court,
Notice of special matter cannot be given with the plea of nul tiel record-. (13 Johns. R. 329.) Such notice only can accompany a plea, which presents an issue to be tried by a jury. The motion is denied with costs. - The defendant, however, is permitted to withdraw his plea of nul tiel record, and to plead anew.