The following excerpt is from Cache Creek Mining Co. v. Brahenberg, 217 F. 240 (9th Cir. 1914):
A forfeiture must be set up before it can be insisted upon. Bishop v. Baisley, 28 Or. 119, 41 P. 936. This the defendant attempted to do, and meagerly and imperfectly stated his defense. The result is an imperfect statement of a good defense. Such a statement, it has generally [217 F. 242.] been held, is sufficient to support the verdict and judgment.
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