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3 Day 231

Fowler v. Clark

Decided June 15, 1808

<p>Facts stated, by way of inducement t© a material tra-traversable-1* and the party, by joining is-as'sueonthefects do^Tot ad-meat-</p> <p>Qfoere, whe» tlier after a plea of no [ward, a rejoinder of a revocation is a ,if-I,ílrtiue'</p>

Decided 1808-06-15

By the Court,

¶1unanimously.(a) A traverse properly taken to the material parts of a declaration, plea, replica* tion, &c. either forms an issue, or, if it concludes with a verification, renders it necessary for the other party to affirm the facts traversed, and join issue upon them. The defendants below, in their rejoinder, traversed a material part of the plaintiff’s replication. The plaintiff was bound to take issue upon it. Facts stated by way of inducement to a material traverse are not tra-*252disable. Of course, the party, by joining issue oí» the facts traversed, does not admit the truth of the induce* xnent.

¶2Judgment affirmed.

¶3 Baldwin, J. did not sit in this ease,

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