Stewardson v. White
This text of 3 Md. 455 (Stewardson v. White) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
were of opinion that the rejoinder was not double, and even if it was, the demurrer was a general demurrer, and, consequently, not sufficient to support the objection. It must be one single, certain, material point, but it is not necessary that this single point should consist of a single fact. Burr. 320. When the demurrer is argued before a trial of the issue, the court will give leave to amend. Burr. 322. Duplicity in pleading must be taken advantage of by special demurrer, and it is not sufficient to demur quia duplex et caret forma, but you must lay your finger on the very point that is so. 4 Bac. Abr. 119. Where an immaterial fact is put in issue it is only surplusage, and does not make the plea double.
The demurrer was overruled, and judgment given for the defendant.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
3 Md. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewardson-v-white-vagensess-1796.