National Express & Transportation Co. v. Burdette
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment sustaining a demurrer to a replication to a plea in abatement. The Court in its opinion stated the case as follows : This was an action of assumpsit brought by the appellant against the appellee. The declaration was filed March 22, 1889. The defendant below filed a plea in abatement May 7, 1889. The plaintiff below filed, on February 5, 1895, a replication, to which the defendant below demurred.
Read the full summary
Hearing on an appeal by the plaintiff from a judgment sustaining a demurrer to a replication to a plea in abatement. The Court in its opinion stated the case as follows : This was an action of assumpsit brought by the appellant against the appellee. The declaration was filed March 22, 1889. The defendant below filed a plea in abatement May 7, 1889. The plaintiff below filed, on February 5, 1895, a replication, to which the defendant below demurred. The court sustained the demurrer, and from the judgment sustaining the demurrer the plaintiff below appealed. The declaration, in substance, shows…
1Opinion of the Court
Mr. Justice McComas,
of the Supreme Court of the District of Columbia, who sat with the Court in the hearing-of this cause in the place of Mr. Justice Morris, delivered the opinion of the Court:
It is objected to the replication that it is double in that it attempts to set up two alleged answers to the plea in abatement, namely, that the said first suit was ineffectual and that it was discontinued after plea pleaded. Perhaps superfluous facts are stated, but the matters stated constitute a single reply. It is alleged that the first suit was ineffectual, and that it was discontinued because it…
2Cases cited11 opinions
- Glenn v. MarburySupreme Court of the United States · 1892
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Myers v. EnglishCalifornia Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Paraskevas v. McKee Auto Service, Inc.District of Columbia Court of Appeals · 1960
- Paraskevas v. McKee Auto Service, Inc.District of Columbia Court of Appeals · 1960