Anonymous

Decided June 15, 1844

New York Supreme Court · decided 1844-06-15

moved to strike out a plea as frivolous after it had been demurred to. said the motion should have been made before the plaintiff demurred ; and that no precedent could be found for moving afterwards. But

Relies on Heaton v. Bartlett

Decided 1844-06-15

¶1The Chief Justice granted the motion, observing that the point had been frequently decided.

¶2Rule accordingly.(a)

¶3 See Heaton v. Bartlett, (13 Wend. 672;) Melville v. Hazlitt, (id. 680;) Rules of Sup. Court, 1837, No. 86; Rules of Sup. Court, 1845, No. 87; Maury v. Van Arnum, (1 Hill, 370;) Lowry v. Hall, (id. 663;) Fisher v. Pond, (id. 672.)