[Download] "Gould v. Evansville and Crawfordsville R.R. Co." by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Gould v. Evansville and Crawfordsville R.R. Co.
- Author : United States Supreme Court
- Release Date : January 01, 1875
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Special pleading is still allowed in certain jurisdictions; and, if the plaintiff and defendant in such a forum elect to submit their controversy in that form of pleading, the losing party must be content to abide the consequences of his own election. Due service of process compels the defendant to appear, or to submit to a default; but, if he appears, he may, in most jurisdictions, elect to plead or demur, subject to the condition, that, if he pleads to the declaration, the plaintiff may reply to his plea, or demur; and the rule is, in case of a demurrer by the defendant to the declaration, or of a demurrer by the plaintiff to the plea of the defendant, if the other party joins in demurrer, it becomes the duty of the court to determine the question presented for decision; and if it involves the merits of the controversy, and is determined in favor of the party demurring, and the other party for any cause does not amend, the judgment is in chief; and it is settled law that such a judgment of the Circuit Court, if the sum or value in controversy is sufficient, may be removed into this court for re-examination by writ of error, under the twenty-second section of the Judiciary Act. Suydam v. Williamson, 20 How. 436; Gorman v. Lenox, 15 Pet. 115.