Culver v. Philadelphia, Baltimore & Washington Railroad
Superior Court of Delaware
Action by Perry M. Culver and others, late trading as the George W. Stradley Canning Company, against the Philadelphia, Baltimore and Washington Railroad Company. On motion to strike out plea in abatement after judgment on general demurrer to the declaration. Motion allowed.
1Opinion of the Court
Boyce, J.,
delivering the opinion of the court:
[1] The law has settled the order of pleadings. This order should generally be pursued. A demurrer to the declaration should not precede a plea in abatement. After a plea in bar to the action, or after a demurrer to the declaration and judgment by the court on the demurrer, a plea in abatement comes too late, except, it may be, by leave of the court, for matter arising after the commencement of the action, or for matter without the knowledge of the defendant, at the time of pleading in bar, or demurring to the declaration, as in the case of Kirwan…
2Cases cited1 opinion
- E. F. Kirwan Manufacturing Co. v. TruxtonSuperior Court of Delaware · 1899
3Cited by4 opinions
- State v. AdairNew York Court of General Session of the Peace · 1922
- Atkinson v. North American Smelting Co.Superior Court of Delaware · 1968
- Grandillo v. Pennsylvania RailroadSuperior Court of Delaware · 1932
- United States v. BergdahlCourt of Appeals for the Armed Forces · 2020