Sprague v. West Hudson County Trust Co.
Supreme Court of New Jersey
On 'appeal from an order advised by Yice-Chancellor Fielder denying motion to dismiss bill of complaint.
1Opinion of the Court
The opinion of the court was delivered by
Parkhr, J.
The motion below was to dismiss the bill; and ten grounds weie stated, the Erst of which that it does not make out a case entitling complainants to equitable relief is sufficient for present purposes. Such a motion, under the chancery rules of 1917, like a motion to strike out under the rules of 1910, appears to be the equivalent of a general demurrer. By rule 51, attached to the Chancery act of 1915 (P. L. 1915 pp. 184, 195). appearing as rule 67 in'the rules of 1917, demurrers are abolished, and any pleading “may be objected to, on motion,…
2Cited by7 opinions
- Chaplowe v. PowsnerSupreme Court of Connecticut · 1934
- Union Trust Co. v. SobleCourt of Appeals of Maryland · 1949
- Security Sav. Bank of Covington v. First National Bank of Michigan CityCourt of Appeals for the Sixth Circuit · 1939
- United Motor Car Co. v. Mortgage & Securities Co.Louisiana Court of Appeal · 1930
- L. 60, America v. Welin Davit BoatNew Jersey Court of Chancery · 1943
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