Supreme Judicial Court of Maine, 1867

Briggs v. Grand Trunk Railway Co.

Briggs v. Grand Trunk Railway Co.
Supreme Judicial Court of Maine · Decided July 1, 1867 · Appleton, Barrows, Dickerson, Kent, Tapley, Walton
54 Me. 375

Briggs v. Grand Trunk Railway Co.

Opinion of the Court

Kent, J.

The objection to the declaration,, as stated in argument, is, that it is bad for duplicity. It may be so, but the demurrer is general and not special. According to long established rules of pleading, duplicity can only be taken advantage of on special demurrer, pointing out the objection and the grounds of it. Scott v. Whipple, 6 Greenlief, 425. Otis v. Blake, 6 Mass., 336. Commonwealth *376v. Tuck, 20 Pick., 361; 1 Chitty Pleadings, 512; 2 Johns., 433; 20 Johns., 404. Exceptions sustained.

Demurrer overruled.

AppletoN, C. J., WaltoN, Dickerson, Barrows and Tapley, JJ., concurred.

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