Lanning v. Shute , 5 N.J.L. 553 ( 1819 )

Kirkpatrick C. J.

The plea and notice are one thing, and you must take both together. You cannot nullify the plea by striking off the notice.

Ghetwood thought it necessary to get rid of the bill of particulars, before he could get to the demurrer.

Southard J.

The plea and notice both raise the same question.

By the court:

The whole must be considered on the demurrer. We cannot now strike off the notice.