New York, New Haven & Hartford Railroad v. Board of Water Commissioners

The first reason of appeal assigns error in sustaining the plaintiff's demurrer to paragraphs six to eleven of the answer. These paragraphs in themselves attempt to allege a complete and independent defense to the complaint and were evidently treated as such by the trial court, and properly so. As a preliminary question defendant invokes the rule that a demurrer interposed at any stage of the case searches the record and judgment is awarded against the party who first advances a defective pleading, and specifically urges that the complaint is defective in that it supplies no allegation “that…