National Bank v. Carpenter
101 U.S. 567

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U.S. Supreme Court

National Bank v. Carpenter, 101 U.S. 567 (1879)

National Bank v. Carpenter

101 U.S. 567

Syllabus

1. Where it appears by the complainant's bill that the remedy is barred by lapse of time or that by reason of his laches, he is not entitled to relief, the defendant may by demurrer avail himself of the objection.

2. Under the rules of equity practice established by this Court, the complainant is not entitled as a matter of right to amend his bill after a demurrer thereto has been sustained, but the Court may, in its discretion, grant him leave to do so upon such terms as it shall deem reasonable.

3. The order refusing him such leave cannot be reviewed here if the record does not show what amendment he desired to make.

4. Wood v. Carpenter, supra, p. 101 U. S. 136, reaffirmed.

The facts are stated in the opinion of the Court.

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