12 WEND 503 - Town v. Wilcox

How this case has been cited

Cited by 7 later decisions — most recently April 1886

7 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1By the Court,

Savage, Ch, J.

¶2The pleas are all good, considered in reference to the object for which they were pleaded. They are not pleaded puis darrein continuance. When matter of defence arises after the commencement of the suit, it cannot be pleaded in bar of the action generally ; but if before plea pleaded, it must be pleaded to the further maintenance of the suit. 1 Chitty’s Pl. 635. A plea puis darrein continuance sets up some matter arising after plea pleaded. The rules which govern such pleas are not applicable here.

¶3The object of the pleas was to show a discontinuance of the suit; and that was done by showing that the suit, and all matters in difference, were submitted to arbitrators generally, without any stipulation to enter judgment upon their determination. 2 Wendell, 506. 18 Johns. R. 22.

¶4Judgment for defendant.