Flynn v. Staples
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, sustaining a motion to strike out an amended declaration, the plaintiff electing to stand' on. her amended declaration. The Court in the opinion stated the facts as follows: This case comes here on appeal from a judgment in favor of appellee, Orrin G. Staples, in the supreme court of the District, on a motion to strike out appellant’s amended declaration.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, sustaining a motion to strike out an amended declaration, the plaintiff electing to stand' on. her amended declaration. The Court in the opinion stated the facts as follows: This case comes here on appeal from a judgment in favor of appellee, Orrin G. Staples, in the supreme court of the District, on a motion to strike out appellant’s amended declaration. From appellant’s declaration as originally filed on December 31st, 1906, it appeared that on January 10th, 1906, appellee was the…
1Opinion of the CourtJustice Robb
From the foregoing statement it is evident that the sole question presented to this court relates to the sufficiency in law of the third amended declaration.
The plea of duplicity, since it went merely to the form, and *95not to the substance, of the former pleading, was not encouraged, even under the harsh rules of the common law, a special demurrer being necessary for its introduction; and under modern practice it has met with even less favor for obvious reasons. To extend its scope would be a step backward toward some of the absurdities of the early common law.
Sight must not be lost of the…
2Cases cited3 opinions
- Highland Avenue & Belt Railroad v. SampsonSupreme Court of Alabama · 1895
- Mullin v. BlumenthalSuperior Court of Delaware · 1899
- Raymond v. SturgesSupreme Court of Connecticut · 1854
3Cited by2 opinions
- Finkelstein v. District of ColumbiaDistrict of Columbia Court of Appeals · 1991
- Finkelstein v. District of ColumbiaDistrict of Columbia Court of Appeals · 1991