Furniss v. Ellis

MARSHAHL, Circuit Justice.

This motion is sustained by the allegation that the demurrer ought not to have been received by the clerk; and consequently admits of no inquiry into its sufficiency, farther than is necessary to determine on the right to offer iL It wás offered at a time when the right to plead was complete and under a law which authorizes the defendant to plead as many several matters, both of law and fact, as he may think necessary for his defense.2 From the comprehensive letter of this law, there would be some difficulty in excluding any plea which the defendant might offer at a…