
    Case No. 5,888.
    HACKER v. STEVENS et al.
    [4 McLean, 540.] 
    
    Circuit Court, D. Indiana.
    May Term, 1849.
    Unnecessary Plea — Incumbrance of Record.
    An unnecessary plea will, on motion, be directed to be withdrawn, as improperly incumbering the record.
    At law.
    Mr. Stevens, for plaintiff.
    Mr. Smith, for defendant.
    
      
       [Reported by Hon. John McLean, Circuit Justice.]
    
   OPINION OF

THE COURT.

This action was brought on a promissory note given by defendants, to [William E.] Hacker, Brother & Co., at Philadelphia. The defendants first pleaded jointly that one of them was garnisheed by Berryhill, a creditor of Hacker & Brother, against whom judgment was obtained. The case of garnishee is still pending, and that was pleaded in abatement. Also a single plea of Stevens was filed, setting up the same defense. Motion by plaintiff to withdraw the single plea — and the court directed the plea to be withdrawn as unnecessarily incumbering the record.

[For subsequent proceedings, see Case No. 5,887.]  