1 Blatchf. 597 | U.S. Circuit Court for the District of Southern New York | 1850
The matters set forth in the special pleas are not the subject of a defence in that form of pleading; but stand upon the general issue with the notice prescribed in section fifteen of the patent act of 1S30. Most of the matters required by that section to be set forth in a notice could be given in evidence under the general issue without notice, were it not for the section; or, to speak more accurately, are involved in the general issue. They are affirmative facts, which the plaintiff is bound to maintain as essential to the validity of his patent. But, to guard against surprise on the part of the plaintiff, the section re
The defendants may retain the plea of the general issue, and the notice which accompanies it. and may add mew matter to the notice by way of defence, but the special pleas must be stricken out with costs.