5 Wend. 104
Decided November 18, 1830
New York Supreme Court · decided 1830-11-18
Motion to strike out demurrers. The action in this case was brought to recover for the breach of the covenants of seisin and warranty contained in a deed of land executed by the defendant to the plaintiff The declaration contains four counts, in each of the three last of which, four breaches are assigned.
Good law ✅— No negative treatment on recordhow we know
Decided 1830-11-18
Cited by 3 later decisions — most recently May 1886
2 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.
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¶1By the Court,
¶2There cannot be a demurrer and a plea to the same part of a declaration. 1 Chitty, 230. The plea of non est factum, with the notice of special matter set up in this case, is equivalent to a special plea to each breach, and having pleaded to the whole declaration, the defendant cannot also demur. The motion is granted with costs.