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RANDON v. TOBY

52 U.S. 493 (____)

11 How. 493

DAVID RANDON, PLAINTIFF IN ERROR, v. THOMAS TOBY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Upon the above exceptions the case came up to this court, and was argued by Mr. Harris and Mr. Johnson, for the plaintiff in error, and Mr. Bibb, for the defendant in error.

Mr. Justice GRIER delivered the opinion of the court.

Had this case been conducted on the principles of pleading and practice known and established by the common law, a short declaration in assumpsit, a plea of non-assumpsit, and non-assumpsit infra sex annos, would have been sufficient to prepare the case for trial on its true merits. But, unfortunately, the District Court has adopted the system of pleading and code of practice...

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