Clark v. Latham
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. II011. A. N. Hargrove, Circuit Judge. The right of a plaintiff to withdraw his demurrer to a plea in abatement or in bar, after it was overruled, and to reply, where the application to do so was in apt time, has never before been questioned in this State.
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Appeal from Sebastian Circuit Court. II011. A. N. Hargrove, Circuit Judge. The right of a plaintiff to withdraw his demurrer to a plea in abatement or in bar, after it was overruled, and to reply, where the application to do so was in apt time, has never before been questioned in this State. This court has, in numerous instances, recognized the right of the plaintiff to withdraw his demurrer to a plea in bar and reply; and it would be an anomaly in pleading to deny a party pleading to the merits the same' advantage given to one pleading a dilatory plea, not favored in law. See Payne v.…
1Opinion of the CourtWalker, C. J.
This is an action of debt, by attachment, to which several pleas in abatement were filed, for an alleged insufficiency of the writ and of the attachment bond. To these pleas demurrers were filed and overruled. It appears, from the record, that the plaintiff' was given leave to reply, and did, on the same day, file several replications to each of the pleas in abatement. At a subsequent day of the term, the defendant moved the court to strike the' replications from the files, and to render final judgment in his favor, upon his pleas in abatement; which motion was sustained by the court, the…
2Cases cited1 opinion
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