Rickert v. Snyder
5 Wend. 104 | N.Y. Sup. Ct. | 1830
By the Court,
There cannot be a demurrer and a plea to the same part of a declaration. 1 Chitty, 230. The plea of non est factum, with the notice of special matter set up in this case, is equivalent to a special plea to each breach, and having pleaded to the whole declaration, the defendant cannot also demur. The motion is granted with costs.
