Flint v. Morehouse

Court: New York Supreme Court
Date filed: 1846-06-15
Citations: 2 How. Pr. 173
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Lead Opinion

Defendant’s counsel insisted that time given to surrejoin was NOT time to demur.

Jewett, Justice.

Held that it was clear that the default was irregular; in law, time given to plead is time to demur, and so as to surrejoinder, that is a pleading. Motion granted with costs, and ten days given to plaintiff to serve demurrer.