Fowler v. Hait

Per Curiam. The defendant having omitted to plead, or give notice of the former trial and judgment, was precluded from giving evidence of it, at the trial. It would produce surprise on the part of the plaintiff and injustice, if the defendant were allowed to set up, at the trial, special matter in bar, of which no notice had been previously given to the plaintiff The judgment musíbe affirmed. Judgment affirmed.(a) Footnotes [(a)] See Waring v, Lockwood, ante, p. 108.