Roberts v. Kelly
2 Hall 307
| The Superior Court of New York... | 1829

The Court gave judgment for the plaintiff on the demurrer, upon the ground that the rejoinder was a departure from the plea. They held also, that the replication was defective for duplicity, but that this defect, being one of form merely, could not be noticed except upon a special" demurrer,—as the rule, that the court will give judgment against the first defect in pleading, applies to defects is substance only.

[E. Paine, Att’y for the plff. R. S. Church, Att’y for the deft.]