Davis v. Cole

Decided September 15, 1801

Supreme Court of Vermont · decided 1801-09-15

THE plaintiff declared on a bail-bond dated January, 1799, executed by the defendants to the sheriff, for the admitting Cole, then a prisoner at the suit of the plaintiff, to the liberties of the gaol yard; bond assigned 20th November, 1799, and escape alleged before the assignment. Plea in bar, that the bond was in fact executed 1st November, 1800, but antedated to January, 1799. To this plea, plaintiff demurred, and took several exceptions.

Decided 1801-09-15

Sed per Curiam.

¶1The only reason assigned in the books why the general issue must be pleaded in preference to a special plea, is not for the insufficiency of the plea, but because the plea in bar tends to swell the records. It is observable, that though the plea in bar concludes, to the Court, yet the plaintiff is abridged of no rights by it; for he may traverse the fact alleged in bar as in the present case he may have traversed the antedating of the bond, and this would draw the point to the consideration of the Jury.

¶2Plea in bar sufficient