Supreme Judicial Court of Maine July 1, 1874 (Spaulding v. Farwell)

Peters, L.

The complainants except to a portion of both answers in this case as impertinent.

It has often been declared by the courts, that the best rule to ascertain whether the matter excepted to, be impertinent, is to see w’hether the subject of the allegation could be put in issue or be given in evidence between the parties.