Delaware, Lackawanna & Western Railroad v. Salmon
Supreme Court of New Jersey
In error to the Supreme Court. This action was brought by Salmon, the defendant in error, against the railroad company, to recover damages for the» destruction of his property by fire. At the trial at the circuit, a verdict was had against the defendants below, on which judgment was entered, whereupon this writ of error .was sued out.
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The declaration contains eight counts. To the first six counts, the defendants pleaded the general issue. To the seventh and eighth counts, the defendants demurred. On argument, the demurrer was overruled, and leave was given to the defendants to withdraw the demurrer, and plead to the counts demurred to. The defendants availed themselves of that privilege, and pleaded the general isssue to those two counts. An order overruling a demurrer, with leave to plead, is a mere interlocutory order, on which a writ of error cannot be brought. Warren R.…
2Cases cited21 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Clearwater v. MeredithSupreme Court of the United States · 1864
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3Cited by2 opinions
- Glaser v. Hackensack Water Co.New Jersey Superior Court Appellate Division · 1958
- Mitchell v. FriedmanNew Jersey Superior Court Appellate Division · 1951