Marsh v. Atlantic Coast Line Railroad
Marsh v. Atlantic Coast Line Railroad
Opinion of the Court
The Circuit Court sustained a demurrer ' to an amended declaration. Another amended declaration was filed in four counts. Two counts were stricken on motion and demurrers to the other two counts were sustained “and the plaintiff allowed to amend as he may be advised on or before October Rule A. D. 1916.”
On November 6, 1916, the clerk of the Circuit Court at the instance of the defendant entered’ an order dismissing the cause “for failure on the part of the plaintiff to amond his declaration or file an amended declaration within the time allowed by the court for this purpose.” The plaintiff
Reference
- Full Case Name
- A. L. Marsh, in Error v. Atlantic Coast Line Railroad Company, a Corporation, in Error
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Where the Court sustains a demurrer to an amended declaration with leave to amend by a stated day, and after the time allowed in which to amend the declaration, the Clerk upon praecipe of the defendant, dismisses the cause for failure to amend within the time allowed by the Court, such dismissal by the Clerk is unauthorized, and a writ of error taken thereto should be dismissed.