Bushrod Washington

“ This, we think, is not the case; being all of opinion, that, for the other cause of demurrer assigned to the first plea, the judgment of the Court below, upon that plea, was correct. In this case, no profert was made, in the declaration, of the records therein mentioned, nor would it have been proper to do so. And even if a profert be unnecessarily, or improperly made, still, the defendant is not entitled to demand oyer of the instrument, but is bound to plead without it. We take the law to be, that oyer is not demandable of a record ”

“ If oyer be improperly demanded, and the instrument be stated upon it, although the defect in the plea would be aided on a general demurrer, it is, nevertheless, fatal to the plea, where it is set forth as a cause of demurrer. ”