¶1Had the defendant asked leave to demur to the declaration as amended, when leave to make such amendment was granted, it would have been allowed as a matter of course: and as the demurrer appears to have been put in in good faith, and is a proper mode of presenting the questions of law arising in the case, it should be allowed to stand. Let the plaintiffs join in demurrer within thirty days after service of this rule, the costs of this motion to abide the event of the cause. Rule accordingly.
2 How. Pr. 113
McIntyre v. Griswold
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
, Motion by plaintiffs to take from the files of the court a demurrer, filed by defendant to the plaintiffs’ amended declaration. This-suit was commenced by declaration about 25th July, 1843. Defendant’s attorney 'pleaded the general issue to the first four counts of the declaration, and demurred to the fifth and sixth counts.
Decided 1846-04-15