Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52
Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52
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In our eReader you can find the full English version of the book. Read Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52
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vs. Dodge, 7 OtU., 109 ; Alexander V8, Worthington, 5 Md., 471. The same right exists under the 2l8t sec. of the 5th Art. of the Code.
But the question here is, whether a demurrer can be treated as an answer, and therefore embraced within the meaning and purview of the statute, so as to enable those filing the demurrer to join in the appeal ? And upon careful consideration this Court is of opinion that the demurrer, being to the whole bill, may be taken as an Digitized by Googk 448 MARYLAND REP...ORTS.
Mayor, &c. of Balto. ts, Weatherby, «t al.
answer for the purposes of the appeal. It is an answer in law, though not responsive to the facts charged in the bill It was taken in the sense of an answer in the case of New Jersey vs. New York, 6 Pet., 323, and we think it may be taken in that sense here. If, instead of filing the demurrer, the defendants had put in an answer, regularly denomi- nated such, expressly admitting all the facts charged, but denying the right to the relief prayed, such an answer would have been in effect a demurrer, and yet it would certainly have gratified the requirement of the statute.
What to read after Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52?
You can find similar books in the "Read Also" column, or choose other free books by Maryland. Court of Appeals to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
vs. Dodge, 7 OtU., 109 ; Alexander V8, Worthington, 5 Md., 471. The same right exists under the 2l8t sec. of the 5th Art. of the Code.
But the question here is, whether a demurrer can be treated as an answer, and therefore embraced within the meaning and purview of the statute, so as to enable those filing the demurrer to join in the appeal ? And upon careful consideration this Court is of opinion that the demurrer, being to the whole bill, may be taken as an Digitized by Googk 448 MARYLAND REP...ORTS.
Mayor, &c. of Balto. ts, Weatherby, «t al.
answer for the purposes of the appeal. It is an answer in law, though not responsive to the facts charged in the bill It was taken in the sense of an answer in the case of New Jersey vs. New York, 6 Pet., 323, and we think it may be taken in that sense here. If, instead of filing the demurrer, the defendants had put in an answer, regularly denomi- nated such, expressly admitting all the facts charged, but denying the right to the relief prayed, such an answer would have been in effect a demurrer, and yet it would certainly have gratified the requirement of the statute.
What to read after Reports of Cases Argued And Determined in the Court of Appeals of ..., volume 52?
You can find similar books in the "Read Also" column, or choose other free books by Maryland. Court of Appeals to read onlineMoreLess
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