Cummins, for plaintiff.

 Pike & Baldwin, contra.
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No. 1S Piersa V Wallace. Error 10 Washington Circuit Conrt.

 c. ]. Johnson delivered the opinion of the court, affirming the judgment.

 Declaration in covenant, cn bond for six hundred dollars in current hank notes Two pleas of vender. post dfcm q fd deem, repli- cation to each plea, traEersiug the tender, and avering that defendant ien1ered Arkansas bank noies, which were al fifty per cent. dis ount,-demurrcr to the repEicalioas.

 Held. that the replica,i1ns were complete by containing a general traverse ol the pleas and all the matter ghieh follows, is mere surplusage, and may he rejected

 The conclusion of plea. or replication. Is matter of form. and not oI substance, and an improper conclusion IS 10 ground for de- marrer.

 Upon writ of enquiry to assess the dam ages upon bond for current bank notes, a witness will not he allowed 10 state the amount of damages he believed the plaintiff had sustained by reason of llte non- payment of ths current bank notes He shouli state the value of current bank notes. l. IS for tl,e jury to determine tine amouat of tlam- ages, and this they are enabled 10 to by he aid of iesiimony.

 Current bank notes are sach as are con- vertable into specie nj tie couater, when they were issued. aad pass a, par iu the ordinary transactions of the country.

 D Walker. for plaintiff in eror.

 Pike & Baldwin, and English. contra.