Tinkham v. Smith , 26 Mass. 33 ( 1829 )

Per Curiam.

The leave to amend was granted, and the amendment was made at the August term. That was the first term, then, as it respects the amendment, and the defendant had a right to file then his special demurrer. But he did not offer it until the following term, when it was rejected by the court, as coming too late. We think the decision was right. As the plea is acknowledged to be bad, the plaintiff is entitled to judgment.

Judgment of C. C. P. affirmed.