Samuel Nelson, Holcombe v. McKusick — Opinion of the Court
“ On the trial before the jury, the defendants would be obliged to meet these several issues, and maintain the allegations in their answer, before they would be entitled to a verdict, as either of them, if found for the plaintiff, would have displaced the justification set up in the answer. ”
Samuel Nelson, Holcombe v. McKusick — Opinion of the Court
“ We have rarely in our experience examined a case, which in its principles is common and readily understood, so complicated and confused by the mode of pleading which has been pursued, and which it is understood is in conformity with the system adopted in this Territory. ”
Samuel Nelson, Holcombe v. McKusick — Opinion of the Court
“ There is also a long statement respecting the title to the land embraced within the corporate limits of Stillwater, which it is not material to set forth. The plaintiff further denies that, in making the removal of the dwelling-house, the defendants used proper care and caution to prevent unnecessary damage. ”
