UNITED STATES V. LINN, 42 U. S. 104 (1843)

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U.S. Supreme Court

United States v. Linn, 42 U.S. 1 How. 104 104 (1843)

United States v. Linn

42 U.S. (1 How.) 104


A plaintiff may, in an action in form ex delicto against several defendants, enter a nolle prosequi against one of them. But in actions in form ex contractu, unless the defense be merely in the personal discharge of one of the defendants, a nolle prosequi cannot be entered as to one defendant without discharging the other.

Qu. Whether a plea which sets up new matter and concludes "to the country" is good.

A plea alleging merely that seals were affixed to a bond without the consent of the defendant, without also alleging that it was done with the knowledge, or by the authority or direction of the plaintiffs, is not sufficient.

A plea which has on the face of it two intendments ought to be construed most strongly against the party who pleads it.

A party who claims under an instrument which appears on its face to have been altered is bound to explain the alteration, but not so when the alteration is averred by the opposite party and it does not appear upon the face of the instrument.

Where the plea is bad and the demurrer is to the plea, the court, having the whole record before them, will go back to the first error.

Where the date of a surety bond is subsequent to the appointment of the principal to office, the declaration should allege that the money collected by the principal remained in his hands at the time when the surety bond was executed.

This is a sequel to the case between the same parties reported in 40 U. S. 15 Pet. 291. The circumstances are sufficiently set forth in the opinion of the Court.


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