Steckel v. Barnes

Citations

• 28 Del. 209
• 5 Boyce 209
• 91 A. 991
• 1914 Del. LEXIS 28

Syllabus

<p>Pleading—Defects—Waiver by Pleading to Defective Plea.</p> <p>The right to require the defendant to draw out his plea is waived by filing a replication to the plea, and while the court has power to permit the replication to be withdrawn in order that plaintiff may decline to reply to the plea, it will not do so, in the absence of peculiar and exceptional facts.</p>