Coster v. Waring

19 Wend. 97

Opinion

By the Court,

Bronson, J.

The sole object of the 88th rule was to regulate the costs of amendment after demurrer. We cannot look into the pleadings, on a motion of this kind, in a case circumstanced like the present. If the plaintiff’s attorney considered the demurrer frivolous, he should have moved for judgment on that ground.

Motion granted.