Haskins v. Griswold — 1 Cole. Cas. 75

Majority

p. 75

Haskins ads. Griswold.

Headnote

7JURR for defendant moved for leave to withdraw his demurrer and plead iffuably, on affidavit that he had merits which he did not know of till after he had filed his demurrer.

Riggs infilled that as the demurrer was frivolous and only put in to obtain delay, the defendant ought not now to be permitted to withdraw if. He then read a counter affidavit on the point oí merits, (hewing an acknowledgment on the part of the defendant, fubfequent to the commencement o! the fuit, of the juft no is of the demand, and a pro-mife to pay it.

It appears upon the face of the

p. 76

demurrer itfelf, that it was frivolous and for the purpofe oi delay. If a defendant puts in a frivolous demurrer, and then applies to the grace of the Court, he fhall have none. He has afited unmeri-torioufly, and fhall be held to fummum jus.

The defendant muff take nothing by his motion,