Dixie Guano Co. v. Alpha Process Co.
Superior Court of Delaware
Action on the Case (No. 108, September Term, 1914) by Dixie Guano Company against Alpha Process Company to recover under contract declared upon. After a general demurrer had been filed to certain pleas of the defendant, there was an application to amend by withdrawing the same and substituting therefor a special demurrer. After concluding that a special demurrer would be sustained as to two of the pleas, the court permitted the amendment to be made.
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Action on the Case (No. 108, September Term, 1914) by Dixie Guano Company against Alpha Process Company to recover under contract declared upon. After a general demurrer had been filed to certain pleas of the defendant, there was an application to amend by withdrawing the same and substituting therefor a special demurrer. After concluding that a special demurrer would be sustained as to two of the pleas, the court permitted the amendment to be made. The questions presented and considered appear in the opinion of the court.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
In this case a general demurrer was filed to the defendant’s fifth, sixth and seventh pleas. Plaintiff now makes application for leave to amend by withdrawing his general demurrer and substituting therefor a special demurrer.
[1,2] This application is resisted on the ground that the proposed demurrer could not be sustained, and the court, therefore, will not permit it to be filed.
There is cited as authority for this proposition, section 463 of Woolley on Practice, wherein it is said:
“The court, therefore, will entertain an application for…
2Cases cited1 opinion
- Mac Farlane v. GarrettSuperior Court of Delaware · 1900