Parker v. Williams

Decided March 16, 1841

Saratoga Chancery Court · decided 1841-03-16

<p> Practice—Objection that complainant had perfect remedy at law not available at hearing—Answer—Prayer that defendant may have same benefit as if he had demurred not sufficient to designate what objection is to be irisisted on. </p>

Decided 1841-03-16

¶1Decided in this case that the court will not listen to an objection that the complainant had a perfect remedy at law after *the parties have proceeded to a hearing upon pleadings and proofs. That a prayer, in an answer, that the defendant may have the same benefit as if he had demurred, without stating the nature of the objection to the relief sought by the bill, is not sufficient to apprise the complainant that the defendant intends to insist upon the objection that the remedy at law is perfect. Decree appealed from affirmed, with costs.