White v. Dummer

New Jersey Court of Chancery

White v. Dummer

2 N.J. Eq. 527

DecidedJuly 15, 1841

StatusPublished

This text of 2 N.J. Eq. 527 (White v. Dummer) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Dummer, 2 N.J. Eq. 527 (N.J. Ct. App. 1841).

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Opinion

By the Chancellor.

I entertain no doubt of the true construction of the statute. After demurrer overruled, the defendant cannot under a general order to answer, file a plea. If it be essential to the defendant’s rights that a plea should be interposed after a demurrer has been overruled, the defendant should obtain a special order for that purpose; But as the practice appears not to have been well settled, and as the defendant’s solicitor may have acted under an erroneous impression respecting it, I shall allow the defendant the usual time to answer. Let the plea be stricken .out, and the defendant answer in forty days.

Order accordingly.

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By the Chancellor.

I entertain no doubt of the true construction of the statute. After demurrer overruled, the defendant cannot under a general order to answer, file a plea. If it be essential to the defendant’s rights that a plea should be interposed after a demurrer has been overruled, the defendant should obtain a special order for that purpose; But as the practice appears not to have been well settled, and as the defendant’s solicitor may have acted under an erroneous impression respecting it, I shall allow the defendant the usual time to answer. Let the plea be stricken .out, and the defendant answer in forty days.

Order accordingly.

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Bluebook (online)

2 N.J. Eq. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-dummer-njch-1841.