Jansen v. Tappen , 3 Cow. 339 ( 1824 )

Curia.

The motioh must be denied. Here is a demur-1 ref pending upon a replication to a plea which goes to the whole cause of action. The motion is premature ; for, .should the report be for the plaintiff, still the decision upon the demurrer may be for the defendant, which would render lilis proceeding nugatory;

Motion denied.