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Supplement to the Second and Third Editions of Voorhies' Annotated Code
Supplement to the Second and Third Editions of Voorhies' Annotated Code Author:New York Subtitle: Containing All the Decisions and Rules of Court Since the Publication of the Second Edition of Said Code, the Assignments of Terms, Circuits, Etc., for the Years 1854 and 1855 General Books publication date: 2009 Original publication date: 1854 Original Publisher: J. S. Voorhies Subjects: Civil procedure Court rules History /... more » General Law / General Law / Civil Procedure Law / Court Rules Law / Courts Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: § 153, p. 169. The question raised on this section has been: whether it does or does not authorize a reply or demurrer to an answer containing new matter, not constituting a counter-claim ? In Salinger v. Lusk, 7 Pr. R. , 430, Justice Barculo decided that the true construction, grammatical as well as legal, of this section is, that it allows a demurrer to an answer in all cases of insufficiency in the answer, whether the answer consists only of denials or of new matter; but it has been held otherwise in a number of cases, and that a plaintiff can neither reply nor demur to an answer in any case, except where the new matter in the answer constitutes a counter-claim, and then only to such counter-claim. Loomis v. Dorshimer, 8 Pr. R., 9 ;' Silliman . Eddy, i« less