Schuyler v. Yates
New York Supreme Court
The defendant put in a demurrer to the plaintiff’s declaration, without the signature of counsel. The plaintiff treated the demurrer as a nullity, and entered the defendant’s default as for not pleading, which the defendant moved to set aside.
1Opinion of the Court
By the Court,
Savage, Ch. J.
A demurrer, whether general or special, must be signed by counsel, and if not so signed, the plaintiff may treat it as a nullity. So is the English practice, and such of course is our practice. 1 Tidd’s Pr. 650. 2 Bos. & Pull. 336. 3 id. 171, n. In Douglas v. Child, 2 Bos. & Pull. 336, n., a general demurrer, without a serjeant’s signature, was treated as a nullity ; Eyre, Ch. J., said it was great presumption in an attorney to take upon himself to decide when a party should demur, or join in demurrer; counsel must join ; an attorney must not alone sanction so…
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