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…
1Opinion of the Court
Spruance, J.:
This motion is to strike out all of the pleas in bar, except the last, and to amend said last plea so as to make it a plea in abatement, it being alleged that it is in substance a plea in abatement, but lacks the proper form.
We have no doubt about this subject. We have much more imperative and extensive power in this regard than any English court we know anything about. The Constitution, Section 24, Article 4, provides: “In civil causes when pending, the Superior Court shall have the power, before judgment, of directing, upon such terms as it shall deem reasonable, amendments,…
2Cited by5 opinions
- Bellanca Corporation v. BellancaSupreme Court of Delaware · 1961
- Culver v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1918
- Saunders v. Cresswell Roll Forming Co.Superior Court of Delaware · 1951
- Bellanca Corporation v. BellancaSupreme Court of Delaware · 1961
- Steckel v. BarnesSuperior Court of Delaware · 1914