Fogg v. Price
Massachusetts Supreme Judicial Court
Bill in equity, filed April 21, 1886, against Eben N. Price, Charles H. Price, and Joseph Price, alleging the following facts : On April 9, 1867, Eben Tí. Price, the owner of a parcel of land in Salem, with the buildings thereon, executed a lease of the same, for the term of twenty years from said April 9, to Julian A. Fogg, his executors and administrators.
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Bill in equity, filed April 21, 1886, against Eben N. Price, Charles H. Price, and Joseph Price, alleging the following facts : On April 9, 1867, Eben Tí. Price, the owner of a parcel of land in Salem, with the buildings thereon, executed a lease of the same, for the term of twenty years from said April 9, to Julian A. Fogg, his executors and administrators. The lease contained this provision : “ It is further provided, that, if the premises are for sale at any time, the lessee shall have the refusal of them.” On July 29, 1875, Julian A. Fogg, by an instrument under seal, assigned the lease,…
1Opinion of the CourtHolmes, J.
It was formerly a rule that you could not demur and answer to the same matter,.and as the demurrer was a reason for not answering, the subsequent filing of an answer overruled the demurrer. Now that a demurrer may be inserted in an answer (Rule 13), there seems to be no longer any reason why a separate demurrer should be overruled by an answer filed subsequently. But whether the answer had such an effect or not, the court had power to allow it to be withdrawn (Rule 22), *515and when it was withdrawn, then, so far as the present question is concerned, it was as if it never bad been filed. To say…
2Cases cited9 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
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- Sawyer v. City of BostonMassachusetts Supreme Judicial Court · 1887
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
- Green v. HackleyCourt of Appeals of Kentucky · 1860
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3Cited by36 opinions
- Bendalin v. DelgadoTexas Supreme Court · 1966
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Hood v. HawkinsSupreme Court of Rhode Island · 1984
- Shayeb v. HollandMassachusetts Supreme Judicial Court · 1947
- Martens v. ReillyWisconsin Supreme Court · 1901
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