Germain v. Dakin 1 Cow. 207

Germain against Dakin.

In assumpsit, and plea of the general issue, with a discharge under the act to abolish imprisonment for debt, &c. issue and trial on. both pleas, verdict for plaintiff on first, and for defendant on second plea ; judgment was ordered for the defendant for the costs of the second plea, and trying the issue thereon.

Assumpsit. Plea, the general issue, and a discharge, under the act of 7th April, 1819, “ to abolish imprisonment for debt in certain cases.” (Vid. sess. 42, ch. 101.) The plaintiff took an issue on the second plea, and tried the cause at the Columbia Circuit, {June, 1823) when a verdict was found for the plaintiff on the first, and for the defendant on the second plea.

Jf. P. Tallmadge, moved,

that judgment be entered for -the defendant, for the costs of the second plea, and trjdng the issue thereon.

Bushnell, contra.