Hackett v. Equitable Life Assurance Society

The defendant interposed a demurrer to the complaint, argument was had, and the demurrer was overruled, with leave to defendant to withdraw the same and answer on payment of costs. The plaintiff makes a motion for an extra allowance. The Code, in section 3253, provides for an extra allowance of not over five per cent, upon the sum recovered or claimed, or the value of the subject-matter involved, in a difficult and extraordinary case, where a defense has been interposed. It has been held that a demurrer is a defense within the meaning of the section, and that an additional allowance can be…