Mac Farlane v. Garrett

Citations

• 19 Del. 36
• 49 A. 175
• 3 Penne. 36
• 1900 Del. LEXIS 50

Syllabus

<p>Case—Demurrer; Special—Amendment—Discretion of Court— Constitution—Statute—Pleading.</p> <p>1. The Court will, in a proper case, and in the exercise of its discretion, permit a defendant to withdraw his pleas after issue joined, for the purpose of demurring specially.</p> <p>2. In an action for damages for causing a restraining order to be issued out of the Court of Chancery against the plaintiff, it is necessary that the narr should aver that said restraining order was procured maliciously and without probable cause. If the narr does not contain such an averment, and is demurred to, the demurrer will be sustained.</p>