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1 Del. Cas. 387

Burton v. Killam

Delaware Court of Common Pleas

Decided November 15, 1795

Delaware Court of Common Pleas · decided 1795-11-15

Decided 1795-11-15

Per Curiam.

¶1Defendant alleges that his plea is ill and therefore that the plaintiff cannot have judgment. This should be a reason why the defendant should not have judgment, but can be no reason why the plaintiff should not. Gilb.C.P. 132. So if the *388replication be ill, if the plea is also ill, plaintiff shall have judgment. 1 Str. 302.

Bayard for plaintiff.

¶2Plaintiff recovered and had judgment.

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