Spofford v. Smith , 1875 N.H. LEXIS 64 ( 1875 )

By our practice, in proceedings of this kind, the demurrer is, I believe, equivalent to the motion to dismiss, and one ought not to follow the other. It appears, also, that the matters assigned as causes for demurrer may properly enough be considered at the general hearing. The demurrer, therefore, must be overruled, unless the defendant shall in the circuit court obtain leave to withdraw it, and proceed to a hearing.