Alley v. Nott

Citations

• 111 U.S. 472
• 4 S. Ct. 495
• 28 L. Ed. 491
• 1884 U.S. LEXIS 1803

Syllabus

<p>Jurisdiction — Pleading—Removal of Causes — Statutes.</p> <p>It is within the discretion of the court, after overruling a general demurrer to a declaration or complaint as not stating facts which constitute a cause of action, to enter final judgment on the demurrer ; and such judgment if entered may be pleaded in bar to any other suit for the same cause of action. As a demurrer to a complaint because it does not state facts sufficient to constitute a cause of action raises an issue which involves the merits, a trial of the issue raised by it is a trial of the action within the meaning of § 3 of the act of March 3d, 1875, 18 Stat. 471, relating to the time within which causes may he removed from State courts. Vannevar v. Bryant, 21 Wall. 41; Isurance Company v. Dunn, 19 Wall. 214 ; King v. Worthington, 104 U. S. 44; Hewitt v. Phelps, 105 U. S. 393, distinguished from this case. Miller v. Tobin, 18 Fed. Rep. 609, overruled.</p>