New York Supreme Court, 1846

Flint v. Morehouse

Flint v. Morehouse
New York Supreme Court · Decided June 15, 1846 · Jewett
2 How. Pr. 173

Counsel

G. B. J. Bowdoin, plaintiff's counsel., Woodruff & Goodman, plaintiff's attorneys., D. McMartin, defendants counsel., J. H. Bathbonb, defendants attorney.

Flint v. Morehouse

Opinion of the Court

Defendant’s counsel insisted that time given to surrejoin was NOT time to demur.

Jewett, Justice.

Held that it was clear that the default was irregular; in law, time given to plead is time to demur, and so as to surrejoinder, that is a pleading. Motion granted with costs, and ten days given to plaintiff to serve demurrer.

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