Steckel v. Barnes
Superior Court of Delaware
Action of Assumpsit (No. 100, January Term, 1914) by Frank E. Steckel against James M. Barnes. On motion by plaintiff to amend replications by withdrawing the replications to defendant’s fourth plea, so that he may decline to reply to the said fourth plea until the same shall have been drawn out. Application refused.
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
In the above case the plaintiff asks leave to amend his replications by withdrawing the replications to defendant’s fourth plea,, so that he may decline to reply to the said plea until the same shall have been drawn out.
The court are of the opinion that the motion must be refused for the reason that by failing to require the defendant to draw out said plea when he had the opportunity and before filing his replications, the plaintiff waived his right in that regard. We are not unmindful of the fact that the constitutional and statutory…
2Cases cited1 opinion
- E. F. Kirwan Manufacturing Co. v. TruxtonSuperior Court of Delaware · 1899