Legal Opinion

Mac Farlane v. Garrett

Superior Court of Delaware

Decided December 1, 1900No. Action of Trespass upon the Case No. 15PublishedCited by 5 opinions

Demurrer.

1Opinion of the Court

Counsel for defendant asked leave to file special demurrers to the plaintiff’s declaration ;. the defendant having first pleaded to the action and obtained leave to amend and withdraw his pleas.

Chandler, for plaintiff, objected; contending that the defendant could not be allowed to demur specially after pleas to the action, joinder of issue thereon, leave to amend and withdrawal of ■ pleas.

Robinson and Ponder vs. Holland, 2 Harr., 445; Stephens on Pleading, 151; Chitty on Pleading, 672.

Spruance, J.:

The provision of Section 2I¡. of Article I¡, of the Constitution of 1897 relating to amendments…

2Cited by5 opinions

  1. Bellanca Corporation v. BellancaSupreme Court of Delaware · 1961
  2. Saunders v. Cresswell Roll Forming Co.Superior Court of Delaware · 1951
  3. Bellanca Corporation v. BellancaSupreme Court of Delaware · 1961
  4. DG BF, LLC v. Michael RayCourt of Chancery of Delaware · 2022
  5. Dixie Guano Co. v. Alpha Process Co.Superior Court of Delaware · 1915

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