In Brett v. First Universalist Society of Brooklyn (63 Barb. 610) it was held that the objection that evidence is not admissible under the pleadings must be taken at the trial.
Summary of this case from Ryan v. Providence Washington Ins. Co.Argued February 23, 1876
Decided March 28, 1876
Jesse C. Smith for the appellant.
Amasa J. Parker for the respondents.
Per Curiam opinion for affirmance.
All concur.
Judgment affirmed.
In Brett v. First Universalist Society of Brooklyn (63 Barb. 610) it was held that the objection that evidence is not admissible under the pleadings must be taken at the trial.
Summary of this case from Ryan v. Providence Washington Ins. Co.Full title:MARTIN W. BRETT et al., Respondents, v . THE FIRST UNIVERSALIST SOCIETY OF…
Court:Court of Appeals of the State of New York
Date published: Mar 28, 1876
It was said in Elton v. Markham (20 Barb. 343) that the objection that a denial is a negative pregnant is a…