Municipal Court v. McElroy

Supreme Court of Rhode Island

Municipal Court v. McElroy

31 A. 435, 19 R.I. 40, 1895 R.I. LEXIS 31

DecidedMarch 26, 1895

StatusPublished

This text of 31 A. 435 (Municipal Court v. McElroy) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Municipal Court v. McElroy, 31 A. 435, 19 R.I. 40, 1895 R.I. LEXIS 31 (R.I. 1895).

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Opinion

Per Curiam.

We are of the opinion that a new trial should be granted in order to permit the defendants to file their plea that the estate of the deceased *41 had been declared insolvent and the proceedings thereon. The defendants styled their plea a second demurrer instead of a plea, though it was in fact a plea. The circumstance that the plea was styled a second demurrer apparently misled the Common Pleas Division. If it had .been a second demurrer the action of the court in declining to permit it to be filed would have been correct; but as it was a plea the defendants should have been permitted to file it. Their demurrer having been overruled they were entitled under our practice to plead over. .

Harry C. Curtis, for plaintiff. Hugh J. Carroll, for defendants.

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Per Curiam.

We are of the opinion that a new trial should be granted in order to permit the defendants to file their plea that the estate of the deceased *41 had been declared insolvent and the proceedings thereon. The defendants styled their plea a second demurrer instead of a plea, though it was in fact a plea. The circumstance that the plea was styled a second demurrer apparently misled the Common Pleas Division. If it had .been a second demurrer the action of the court in declining to permit it to be filed would have been correct; but as it was a plea the defendants should have been permitted to file it. Their demurrer having been overruled they were entitled under our practice to plead over. .

Harry C. Curtis, for plaintiff. Hugh J. Carroll, for defendants.

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Bluebook (online)

31 A. 435, 19 R.I. 40, 1895 R.I. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipal-court-v-mcelroy-ri-1895.