Brown v. Rank

Citations

• 132 U.S. 216
• 10 S. Ct. 54
• 33 L. Ed. 340
• 1889 U.S. LEXIS 1867

Syllabus

<p>The defendant in a possessory action in the nature of ejectment, brought in ■ a court of Washington Territory where the laws permitted a mingling .of common law and equity jurisdictions, pleaded the general issue, and also set up four defences, one of which was the statute of limitations, and one of which was an equitable defence. The plaintiff filed a general demurrer to the second, third and fourth defences. • The demurrer being overruled, the plaintiff elected to stand upon it, and the case was thereupon dismissed: Held, that the final judgment was one dismissing the action at law, and was not a judgment in the exercise of chancery jurisdiction.</p>