BY THE COURT: — Whether the action is regularly brought, we are willing to reserve as a point for future consideration: But, on the merits, we can see no ground for a verdict in favor of the defendant. A mere offer to pay the money is not, in legal strictness, a tender; and even if the tender was in itself sufficient, the defendant is not entitled to take advantage of it, unless he pleads it, and brings the money into Court: For, a verdict now given in his favor on...
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