Clearwater v. Meredith

68 U.S. 25 (1863)

1 Wall. 25

CLEARWATER

v.

MEREDITH ET AL.

Supreme Court of United States.

Mr. Pugh for Clearwater, the plaintiff in error.

Mr. Hendricks, contra.

Mr. Justice DAVIS, after stating the case, delivered the opinion of the court:

In order to arrive at a correct solution of this question, it is important to consider whether the plea is a good one, for a demurrer, whenever interposed, reaches back through the whole record, and "seizes hold of the first defective pleading." The plea in controversy confesses the original cause of action, but sets up matter, which has arisen subsequent to it,…