Majority
p. 284Seaman against Haskins. now moved for leave to withdraw the demurrer, and reply to the plea. (1 Sellon, 379. Sayery 316.) No judgment has been entered up.
Headnote
After rule for judgment on a demurrer, it is too late to apply, at the next term, for leave to withdraw it. \ vThebe was a demurrer to the plea, in this cause, which the court, at the last term, decided was not well taken.
Colden, for the plaintiff,
Riker, contra.
After the court have given judgment, and ordered it to be entered, and a term has elapsed, the party comes too late to ask for leave to withdraw his demurrer. He should have applied at the last term, before the rule for judgment was entered.
Motion denied.([1] )
a a (a) See Andrews v. Beecher, supra, vol. 1, p. 411. Hildreth v. Harvey, infra, vol. 3, p. 301. Furman v. Haskins, 2 Caines, 369. Currie v. Henry, 3 Johns. R. 140. Miller v. Heath, 7 Cowen, 101. Boltons v. Lawrence, 7 Wend. 461 . Patrick v. Conrad, 3 A. K. Marsh, 612 . Surlott v. Pratt, id. 174. Ralston v. Bullits, 3 Bibb, 261 . Violett v. Dale, 1 id. 141. Hancock v. Vawter, Hardin, 310.