7 Blackf. 100 | Ind. | 1844
— Assumpsit by Cooper, assignee of Preston and Meek, against Walpole on a promissory note. Pleas, 1. Payment to the assignors before the assignment; • 2. Payment of 50 dollars part, &c., to the assignors, &c. 3. That the note was obtained from the defendant by the assignors by fraud, &c. 4. Payment to the assignors in manner following, viz., that, at the time of the assignment, they were indebted to the defendant in the sum of 175 dollars for professional services, &c. 5. That at the time of making said promissory note, the assignors agreed to receive from the defendant cash notes in satisfaction and discharge of the same, which he has always been ready to pay, &c. 6. Non assumpsit. The plaintiff, on affidavit filed stating that the pleas were false, vexatious, and intended for delay, moved to set them aside. The defendant objected, but the Court set aside the pleas, and gave judgment for the plaintiff.
It is the duty of a Court, when a false plea is filed which is evidently intended to hinder, perplex, and delay the case, to reject it on motion. This should be done to guard, the administration of justice against mockery and abuse. In the performance of this duty, however, care should be taken that the Courts do not usurp the rights of another tribunal, by
Some of the pleas in this case are clearly defective, others are well pleaded. As the case must be reversed, we will leave the plaintiff to his demurrer to the defective pleas, and allow him to take issue on those well pleaded.
— The judgment is reversed with costs. Cause remanded, &c.