Sherman & Adams v. Windsor Manufacturing Co.
Supreme Court of Vermont
Bill in Chanceey. Heard on motion of the defendant, March Term, 1884, Veazey, Chancellor. Motion denied. If in the judgment of the chancellor justice requires it, it is within his power to allow an answer to be filed. Gale y. Butler, 35 Yt. 451; Barker v. B. B. Co. 27 Yt. 700; In re Chickering, 50 Vt. 92; Canerdy v. Baker, 55 Vt. 581; 28 Vt. 85. The demurrer only prays judgment whether answer should be made or not.
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Bill in Chanceey. Heard on motion of the defendant, March Term, 1884, Veazey, Chancellor. Motion denied. If in the judgment of the chancellor justice requires it, it is within his power to allow an answer to be filed. Gale y. Butler, 35 Yt. 451; Barker v. B. B. Co. 27 Yt. 700; In re Chickering, 50 Vt. 92; Canerdy v. Baker, 55 Vt. 581; 28 Vt. 85. The demurrer only prays judgment whether answer should be made or not. The mandate does not interfere with the allowance of an answer. Story Eq. PI. 436; Dan. Oh. 543; Mitf. Eq. PI. 16. The affirmance of the decree' only decides that there is enough…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The original bill in this case was brought to the September Term, 1880, of the Court of Chancery, to which a general demurrer was filed, which wag overruled pro forma at the September Term, 1883, and a decree passed for the orators according to the prayer of the bill, from which the defendant appealed.
At the January Term, 1884, of the Supreme Court, the defendant moved for leave to withdraw its demurrer and answer over, “ and raise the same questions by answer that *59could be raised by demurrer.” The cause was left “with the court,” for counsel…
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