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11 F. Cas. 143

Hacker v. Stevens

U.S. District Court

Decided May 15, 1849

U.S. District Court · decided 1849-05-15

<p>Case No. 5,888.</p> <p>Unnecessary Plea — Incumbrance of Record.</p> <p>An unnecessary plea will, on motion, be directed to be withdrawn, as improperly incumbering the record.</p>

Decided 1849-05-15

¶1*144OPINION OF

THE COURT.

¶2This action was brought on a promissory note given by defendants, to [William E.] Hacker, Brother & Co., at Philadelphia. The defendants first pleaded jointly that one of them was garnisheed by Berryhill, a creditor of Hacker & Brother, against whom judgment was obtained. The case of garnishee is still pending, and that was pleaded in abatement. Also a single plea of Stevens was filed, setting up the same defense. Motion by plaintiff to withdraw the single plea — and the court directed the plea to be withdrawn as unnecessarily incumbering the record.

¶3[For subsequent proceedings, see Case No. 5,887.]

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