Dole v. Moulton
This text of 1 Cole. & Cai. Cas. 91 (Dole v. Moulton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The rule referred to by the defend-' ant’s counsel, that “ where there shall be a demur- “ rer to a declaration, or to any other pleading, not being a plea in abatement, the party against whom “ the demurrer shall be taken, may, at any time be- “ fore the default for not joining in demurrer shall be “ entered, amend the pleading demurred to” will never extend to permit the party to add new pleas : those pleas must therefore be struck out.
As to the first motion, the plaintiff, after demurrer, comes too late to drive the defendant to an election.
[93]*93Let the plaintiff take only the effect of his motion in respect to the two last pleas.
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1 Cole. & Cai. Cas. 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dole-v-moulton-nysupct-1800.