Patten v. Harris

Decided February 15, 1834

New York Supreme Court · decided 1834-02-15

The defendant put in a demurrer to one of the counts of the plaintiff’s declaration, which the court at the last general term pronounced to be frivolous, and gave judgment for the plaintiff refusing leave to the-defendant to plead anew. On suggestion of counsel, however, permission was given to make a special application to the court for leave to plead anew, on notice to the opposite party.

Good law ✅— No negative treatment on recordhow we know

Decided 1834-02-15

How this case has been cited

Cited by 7 later decisions — most recently March 1909

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Sutherland, J.

¶2It is with great reluctance that we consent to give leave to the party in this case to plead anew; the demurrer may have been interposed in the hope of its proving successful, but it was not put in with the expectation of its deciding the cause upon the merits, and it cannot ' therefore well be said to have been put in in good faith; but there is an affidavit of merits, and unless the defendant be permitted to plead, the whole cause of action will stand confessed upon the record. Under these circumstances, the defendant is permitted to plead anew, on payment of costs.