1 Johns. Cas. 246
Decided January 15, 1800
New York Supreme Court · decided 1800-01-15
This was an action on a bond given to the sheriff, pursuant to the act of the 5th April, 1798, for regulating the liberties of jails. The defendant pleaded five pleas. 1. Non est factum. 2. Performance of the' condition. 3. That the escape was by casualty, and there was a return of the prisoner before the action was brought. . . 4. That the penalty of the bond was for more than double the amount for which the prisoner was confined, atid so not agreeable to the act. . 5.
Decided 1800-01-15
¶1The plaintiff after a demurrer, comes too *296late to compel the defendant to elect his plea. As to the other part of the motion, the rule referred to merely says, that before the default for not joining in demurrer is entered, the party may amend the pleading demurred to. It does not extend so far, as to allow the party to add new .pléas.
¶2Let the fourth and fifth pleas be struck out.
¶3Gra. Prac. 653, 657, et seq.