New York Court of Common Pleas December 15, 1852 (Ward v. Barber)

Daly, J.

Before the revised statutes, a defendant could not give a notice of special matter with a plea of nul tiel record. The act allowed a notice of special matter to be given with the general issue; (1 Rev. Laws, 301 ;) and nul tiel record was not the general issue, because it presented an issue which was triable by the court and not by a jury. (Raymond v. Smith, 13 Johns. R. 329 ; Barheydt v.