McLean v. Clark
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On application to tax a docket foe of $20, in favor of the plaintiff. Defendant demurred to the bill, and the demurrer was overruled. Leave was given to answer over, and an answer was filed. Plaintiff then applied for the taxation of a docket fee of §20, upon overruling the demurrer, as upon a final hearing.
1Opinion of the CourtBrown, J.
By general equity rule 34 the defendant has a legal right to answer the bill, upon the overruling of his demurrer, upon payment of costs up to that period. Under such circumstances it seems to me that the hearing upon the demurrer is not a “final hearing” within the meaning of Rev. St. § 824. It is true that in the cases of Alley v. Nott, 111 U. S. 472, S. C. 4 Sup. Ct. Rep. 495, and Scharff v. Levy, 112 U. S. 711, S. C. 5 Sup. Ct. Rep. 360, it was held that a hearing upon a general demurrer to a complaint, upon the ground that it did not state facts sufficient to constitute a cause of…
2Cases cited7 opinions
- Alley v. NottSupreme Court of the United States · 1884
- Beebe v. RussellSupreme Court of the United States · 1857
- The PalmyraSupreme Court of the United States · 1825
- Scharff v. LevySupreme Court of the United States · 1885
- Samuel T. Pulliam and Others v. Edmund Christian, Assignee in Bankruptcy of William AllenSupreme Court of the United States · 1848
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3Cited by1 opinion
- Carter v. SweetU.S. Circuit Court for the District of Southern California · 1897