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laches on demurrer

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 49 U.S. 210 - Maxwell v. Kennedy · 1850Most cited · 51 citing opinions

the proper rule of pleading would seem to be, that, when the case stated by the bill appears to be one in which a court of equity will refuse its aid, the defendant should be permitted to resist it by demurrer. And as the laches of the complainant in the assertion of his claim is a bar in equity, if that objection is apparent on the bill itself, there can be no good reason for requiring a plea or answer to bring it to the notice of the court.