Clark v. Phelps
This text of 6 Johns. Ch. 214 (Clark v. Phelps) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Chancellor said, that the answer and the demurrer each went to the whole bill; and it is a settled rule in pleading, that a defendant cannot plead or answer, and demur to the same matter; the former will overrule the latter. It is inconsistent for a defendant to say, he ought not to answer to a bill; and yet to answer it fully. The rule appears in all the books that treat on the subject. (3 P. Wms. 80, 81. 2 Atk. 284. Cooler’s Tr. of Pl. 113. Beames' Plead. 40.) The demurrer was consequently overruled, and^the question of costs reserved.
Order accordingly. -
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Cite This Page — Counsel Stack
6 Johns. Ch. 214, 1822 N.Y. LEXIS 179, 1822 N.Y. Misc. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-phelps-nychanct-1822.