Mayberry v. Brackett
Supreme Judicial Court of Maine
EXCEPTIONS.from superior court, Cumberland. Debt on a bond. The presiding judge sustained the plaintiff’s demurrer (filed at the second term) to defendants’ plea in bar, and, against the objections of plaintiff, allowed the defendants to plead anew on payment of costs. In Pndicott v. Morgan, 66 Maine,- 456, where the defendant was allowed to plead anew, the question of his right to do so, was not before the court.
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EXCEPTIONS.from superior court, Cumberland. Debt on a bond. The presiding judge sustained the plaintiff’s demurrer (filed at the second term) to defendants’ plea in bar, and, against the objections of plaintiff, allowed the defendants to plead anew on payment of costs. In Pndicott v. Morgan, 66 Maine,- 456, where the defendant was allowed to plead anew, the question of his right to do so, was not before the court. There is no question but that at common law, judgment upon a demurrer to a plea, is final. ' The defendants rely upon E. S., c. 82, § 19. That relates to demurrers to the…
1Opinion of the CourtEibbey, J.
Two questions are raised by the exceptions.
■1. Whether, after the demurrer to the defendants’ plea in bar is ; sustained, the court has power to allow the defendants to plead ¡■anew?
*1032. If snob power exists, can it be exercised by tlxe judge at nisi prius f
By the common law as administered in this country, courts having common law jurisdiction, have power, after the defendant’s plea in bar, or the plaintiff’s replication is adjudged bad on demurrer, to allow the defendant to replead, or the plaintiff to reply anew. Andrews v. Beecker, 1 Johns. Ca. 411; Seaman v. Haskins, 2 Johns. Ca. 284;…
2Cases cited7 opinions
- Furman v. HaskinNew York Supreme Court · 1805
- Hutchinson v. BrockMassachusetts Supreme Judicial Court · 1814
- Aiken v. SanfordMassachusetts Supreme Judicial Court · 1809
- Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806
- Patten v. HarrisNew York Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.