Kirkbride v. Wilgus

The application is for a reargument of the motion for judgment on a demurrer to the complaint as frivolous. The rule, undoubtedly, is that, unless the demurrer is clearly bad on its face, and no argument is needed to demonstrate its frivolity, it should not be overruled as frivolous. See German Ex. *520Bank v. Kroder, 13 Misc. Rep. 192; Hopper v. Erslev, 3 id. 340. Upon examination of the pleadings on this motion, it seemed to me that the demurrer in the case at har came within the requirements of this rule, and I, therefore, granted the motion. However, as defendant applies for a reargument, I…