Lansing v. Birge ( 1840 )

Smith, Justice,

delivered the opinion of the Court:

The only point presented for decision in this case, the defendant’s plea being certainly bad, involves the simple question, whether, on the decision of a demurrer, by the Circuit Court on a plea, determining the plea bad, the defendant had a right to file an amended plea, of course.

We have no doubt that it is a matter in which the Circuit Court was vested with a discretion ; and having exercised that discretion, and refused the application to amend, the decision must be considered conclusive.

The judgment is affirmed with costs.

Judgment affirmed.