Brown v. Saratoga Railroad
New York Court of Appeals
Motion by the iespondents to strike out from the Appeal Book a demurrer and order overruling the same, with leave to the defendants to withdraw it and out in an answer.
1Opinion of the Court
Johnson, Ch. J
The defendants demurred to the complaint, and on argument the demurrer was overruled, with liberty to them to withdraw the demurrer and answer in a time limited, on payment of costs. Of this liberty the defendants have availed themselves, and they have thereby *496abandoned their demurrer as such. They might still, at the trial, have raised such objections as could have been raised at a trial, after answer, if no demurrer had ever been interposed; but if they desired to present the other questions arising on the demurrer they should not have availed themselves of the leave to…
2Cited by19 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Wells v. ApplegateOregon Supreme Court · 1885
- Hershfield & Bro. v. AikenMontana Supreme Court · 1880
14 more not listed; retrieve them via the Exa API.