Legal Opinion
Anonymous
New York Supreme Court
Decided June 15, 1844Published
moved to strike out a plea as frivolous after it had been demurred to. said the motion should have been made before the plaintiff demurred ; and that no precedent could be found for moving afterwards. But
1Opinion of the Court
The Chief Justice granted the motion, observing that the point had been frequently decided.
Rule accordingly.(a)
See Heaton v. Bartlett, (13 Wend. 672;) Melville v. Hazlitt, (id. 680;) Rules of Sup. Court, 1837, No. 86; Rules of Sup. Court, 1845, No. 87; Maury v. Van Arnum, (1 Hill, 370;) Lowry v. Hall, (id. 663;) Fisher v. Pond, (id. 672.)
2Cases cited1 opinion
- Heaton v. BartlettNew York Supreme Court · 1835