2 Johns. 433 | N.Y. Sup. Ct. | 1807
delivered the opinion of the court. The plaintiffs having charged two escapes, probably on the very same execution, it became necessary to plead to them
1 Saun. 337 note 3.1 Salk 219. 5 Co. myns' 387. E. 2.
A. plea, &c. which introduces several facts, all of which are necessary to constitute hut one point of defence, is not bad for duplicity M’Clure v. Erwin, 3 Cowen, 313.
Where the defendant pleads two distinct pleas, neither of which is in itself a defence, though both together would be, and the plaintiff replies separately, and goes to trial, and the pleas are found for the defendant, judgment shall be for him ; for the cause is with him on the whole record ; and the court will consider the two pleas substantially one, though in form two, and to avail himself of Ihe def ect the plaintiff should demur. Shook v. Fulton, 4 Cowen, 424.