E. F. Kirwan Manufacturing Co. v. Truxton
Superior Court of Delaware
Demurrer. at the argument on the demurrers, stated to the Court that the above stated case was continued at the last term of Court, being the October Term, 1898, with general leave to amend; that as the ease stood at that time, there were certain pleas in bar filed, but since the last term the defendant had filed three additional pleas, two of which were pleas in abatement, and one, a plea in bar.
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Demurrer. at the argument on the demurrers, stated to the Court that the above stated case was continued at the last term of Court, being the October Term, 1898, with general leave to amend; that as the ease stood at that time, there were certain pleas in bar filed, but since the last term the defendant had filed three additional pleas, two of which were pleas in abatement, and one, a plea in bar. Recognizing the general principle of law, that pleas in abatement are improper with pleas in bar, he asked leave of the Court to withdraw said pleas in bar, leaving the two pleas in abatement which…
1Concurrence
Grubb, J.:
In concurring with Judge Spruance in this decision, I simply want to add that this matter of allowing a party to withdraw his pleadings, or any portion of them,or to amend the pleadings, or any portion of them, is in the discretion of the Court. I do not consider that an application of this kind, which is to introduce a plea in abatement after a plea in bar has been filed, would be granted by the Court in every case; but where our discretion is appealed to, in a case having peculiar circumstances like this, I consider it is allowable. In this case, at the last' term, it was admitted…
2Cases cited9 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Runk v. St. JohnNew York Supreme Court · 1859
- Lycoming Fire Insurance v. Medad Wright & SonSupreme Court of Vermont · 1883
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