Stephen Johnson Field,
Noonan v. Bradley — Opinion of the Court
“ But here there is no inconsistency in the pleas; the one denying any right in the plaintiff, in his capacity as administrator, to the subject of controversy, and the other the release of the defendant from liability on the bond in suit by failure of its consideration. The averments of both may be true.The proposition of law which the counsel invokes, that a plea to the merits admits the representative character of the plaintiff, and his right to sue in that capacity, is only applicable where no other plea than one of that kind is interposed ”
