Morgan v. . Moore, (1793)
Court: Court of King's Bench
Number:
Visitors: 8
Judges: DODERIDGE, J.
Filed: Jul. 05, 1793
Latest Update: Mar. 02, 2020
Summary: Crew, pro defendente , prayed that he might be allowed to supply the defect, that is, by an averment of the custom. It ought to be put in the declaration, in Bristol, or may be alleged here before the plea in nullo est erratum . But now it cannot be made part of the record. Crew . I will allege it and leave the other party to demur.
The custom ought to appear in the record below, and not in the pleadings in error. 2 R., 3, 9. How a man is to take advantage of a custom to affirm his judgment.
Source: CourtListener