Brewer v. Tarpley , 1 Va. 363 ( 1794 )

The PRESIDENT

delivered the opinion of the court.

The mere omission of a similiter in a plea importing the general issue, if it be a fault at all, is the misprision of the clerk, and therefore amendable. In this case, the parties considered it as joined; the jury were sworn to try the issue joined — the parties go to trial upon the merits, and the verdict is that the defendant did assume. After this, it is too late to object.

Judgment affirmed.