New York Supreme Court, 1800

Doyle v. Moulton

Doyle v. Moulton
New York Supreme Court · Decided January 15, 1800
1 Johns. Cas. 246

Counsel

Henry, for the plaintiff,, Woodworth, contra,

Doyle v. Moulton

Opinion of the Court

Per Curiam.

The plaintiff after a demurrer, comes too *296late to compel the defendant to elect his plea. As to the other part of the motion, the rule referred to merely says, that before the default for not joining in demurrer is entered, the party may amend the pleading demurred to. It does not extend so far, as to allow the party to add new .pléas.(a)

Let the fourth and fifth pleas be struck out.

Gra. Prac. 653, 657, et seq.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.