Majority
p. 146Anonymous.
Headnote
The plaintiff may move to strike out a plea as frivolous after he has demurred to it.A.' Taber, for the plaintiff,
moved to strike out a plea as frivolous after it had been demurred to.
R. L. Joice, contra,
said the motion should have been made before the plaintiff demurred ; and that no precedent could be found for moving afterwards. But
The Chief Justice granted the motion, observing that the point had been frequently decided.
Rule accordingly.[1]
(a) (a) 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.)