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10 Wend. 539

Marsh v. Barney

New York Supreme Court

Decided June 15, 1833

New York Supreme Court · decided 1833-06-15

<p>A demurrer is not an issuable plea -within the meaning of the 21st general rule of this court.</p>

Decided 1833-06-15

¶1 By the Court,

Savage, Ch. J.

¶2A demurrer is an issuable plea according to the English practice, but it is not so within the meaning of the 21st general rule of this court. The defendant, however, is allowed to plead, and the costs of this motion must abide the event of the cause.

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