¶1Judgment — Manifest error. The court ought to have answered the plea in abatement; to say it is overruled is not any proper answer. The court ought to have answered the question put in issue by the parties, viz. Whether the evidence was sufficient or not. A person’s accepting of a written security, for a parol promise from the promisor, extinguishes the parol promise; and the plaintiff having accepted a note from one of the joint promisors, the joint promise by parol was extinguished.
1 Root 344
Gates v. Nobles
Decided June 15, 1795
Supreme Court of Connecticut · decided 1795-06-15
<p>It is no answer to a plea in abatement for the court to say it is overruled.</p> <p>On a demurrer-to evidence, the court ought to determine whether the evidence is sufficient or insufficient.</p>
Decided 1795-06-15