Legal Opinion

Brown v. Saratoga Railroad

New York Court of Appeals

Decided March 15, 1859PublishedCited by 19 opinions

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

  1. Campbell v. HaverhillSupreme Court of the United States · 1895
  2. Wheelock v. . LeeNew York Court of Appeals · 1878
  3. Village of Chester v. LeonardSupreme Court of Connecticut · 1897
  4. Wells v. ApplegateOregon Supreme Court · 1885
  5. Hershfield & Bro. v. AikenMontana Supreme Court · 1880

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