Hoadley v. Smith
Supreme Court of Connecticut
Bill in equity, brought to the Superior Court in New Haven county. The case was referred to a committee, who made a report, against the acceptance of which the respondent remonstrated, the petitioners answering to the remonstrance and the respondent replying to the petitioners’ answer.
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Bill in equity, brought to the Superior Court in New Haven county. The case was referred to a committee, who made a report, against the acceptance of which the respondent remonstrated, the petitioners answering to the remonstrance and the respondent replying to the petitioners’ answer. After the parties had been heard upon the questions arising under the remonstrance, and before the court had rendered judgment thereon, the respondent filed with the clerk of the court a demurrer to the petition, and the clerk endorsed the same as filed, which demurrer the court (Loomis, J.) rejected and…
1Opinion of the CourtPark, J.
The respondent claims that he has the right to interpose -a demurrer in a suit in chancery in any stage of the case, before a final decree shall have been passed, and to stop the proceedings till the demurrer shall be heard and determined. He claims the right to do this even if the cause is on trial upon its merits, upon an answer filed by the respondent, before the court, or a committee appointed to *372hear and report the facts, as well as at any other time during the pendency of the cause. If the respondent has this right, he has it in defiance of all order in the proceedings and contrary to…
2Cases cited1 opinion
- Adams v. WaySupreme Court of Connecticut · 1864
3Cited by3 opinions
- Scott v. SpiegelSupreme Court of Connecticut · 1896
- Brainard v. StaubSupreme Court of Connecticut · 1892
- Hotchkiss v. HoySupreme Court of Connecticut · 1874