26 Mass. 33
Massachusetts Supreme Judicial Court
Decided October 15, 1829
Massachusetts Supreme Judicial Court · decided 1829-10-15
<p>A special demurrer to an amended declaration on the ground of defects of form may be filed at the term of the Common Pleas when die amendment is made, that being the “ first term ” in respect to such amended declaration.</p> <p>It is too late to file such demurrer at the next term after the amendment is made.</p>
Decided 1829-10-15
¶1The leave to amend was granted, and the amendment was made at the August term. That was the first *34term, then, as it respects the amendment, and the defendant had a right to file then his special demurrer. But he did not offer it until the following term, when it was rejected by the court, as coming too late. We think the decision was right. As the plea is acknowledged to be bad, the plaintiff is entitled to judgment.
¶2 Judgment of C. C. P. affirmed.