Briggs v. Grand Trunk Railway Co.
This text of 54 Me. 375 (Briggs v. Grand Trunk Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The objection to the declaration,, as stated in argument, is, that it is bad for duplicity. It may be so, but the demurrer is general and not special. According to long established rules of pleading, duplicity can only be taken advantage of on special demurrer, pointing out the objection and the grounds of it. Scott v. Whipple, 6 Greenlief, 425. Otis v. Blake, 6 Mass., 336. Commonwealth [376]*376v. Tuck, 20 Pick., 361; 1 Chitty Pleadings, 512; 2 Johns., 433; 20 Johns., 404. Exceptions sustained.
Demurrer overruled.
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54 Me. 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-grand-trunk-railway-co-me-1867.