Cappadonna v. Illinois Surety Co.

The defendant having demurred to the complaint, the plaintiff moved for judgment upon the pleadings pursuant to section 547 of the Code of Civil Procedure. The court in effect overruled the demurrer by granting judgment for the plaintiff, directing that notice of settlement of the order be given. Defendant asks for leave to answer.

In my opinion, the practice quite universally prevailing of permitting the defeated party, after the trial of a demurrer, to plead anew upon payment of taxable costs, is liable to lead to abuse, unless the court has some proof before it tending to show that the…