Roger B. Taney,
Smith v. Ely — Opinion of the Court
“ For, however the points of special pleading might be ruled by this court, they could have no material influence on the ultimate decision of the case: because, if it is found that errors in pleading have been committed by either party, injurious to his rights, an opportunity ought and would certainly be afforded him to correct them in some subsequent proceeding, so as to bring the real points in controversy fairly before the court. ”
