Manual of Equity Pleading And Practice, As Modified By the New Federal Equity Rules, With Forms

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If a demurrer filed to a bill be un- disposed of by the court at the time a plea of the same de- fendant to the same part of the bill was filed, the plea would of itself overrule the demurrer, and an answer under the same circumstances would overrule both plea and de- murrer.'^ (30) The rules required the plea to be sworn to and accompanied by a certificate of counsel as in the case of a demurrer.
Central Nat. Bank v. Conn. Mutual L. Ins. Co., 104 U. S. 54.
NOTE : The above plea would be overru
...led on argument because there is no dower in a joint tenancy; otherwise the facts stated therein would constitute a good defense.
Ann. Cas., vol. 14, p. 671, and Ann. Cas., 1914 A, p. 207.
(31) Grant v. Phoenix Life Ins. Co., 121 U. S. 105.
Droop V. Ridenour, 9 App. D. C. 95.
"It is a well-settled rule that a less favored mode of defense will yield to the more favored, i. e., a plea to an answer and a demurrer to a plea or an answer. When more than one mode of defense is resorted to, no two must overlap, as the least overlapping is fatal to the less favored defenses." Van Zile Eq.


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