Flint v. Morehouse ( 1846 )

Defendant’s counsel insisted that time given to surrejoin was NOT time to demur.

Jewett, Justice.

Held that it was clear that the default was irregular; in law, time given to plead is time to demur, and so as to surrejoinder, that is a pleading. Motion granted with costs, and ten days given to plaintiff to serve demurrer.