Spofford v. Smith

Supreme Court of New Hampshire

Spofford v. Smith

55 N.H. 228, 1875 N.H. LEXIS 64

Supreme Court of New Hampshire·Decided March 13, 1875·Published

Opinions

By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, *Page 229 unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.

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By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, *Page 229 unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.

Spofford v. Smith, 55 N.H. 228, 1875 N.H. LEXIS 64 (N.H. 1875).

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