Barnes v. Gibbons
This text of 20 Abb. N. Cas. 10 (Barnes v. Gibbons) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The demurrer to the complaint was served on May 14, and on the 20th the defendant served an answer as an amended pleading. This practice is regular. Although the demurrer is noticed for argument, the service of an answer within six days after service of the demurrer defeats the argument on the former pleading. Before the time to amend expires, the plaintiff may notice the demurrer for argument; but he does so at the risk of avoiding his proceedings by an amendment of the pleading (Robertson v. Bennett, 1 Abb. N. C. 476; Frank v. Bush, 2 Civ. Pro. R. [Browne] 250; S. C., 63 How. Pr. 282).
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20 Abb. N. Cas. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-gibbons-nynyccityct-1884.