New Jersey v. New York - 31 U.S. 323 (1832)
U.S. Supreme Court
New Jersey v. New York, 31 U.S. 6 Pet. 323 323 (1832)
New Jersey v. New York
31 U.S. (6 Pet.) 323
At January term, 1831, an order was made giving the State of New York leave to appear in this case on the second day of this term and answer the complainants' bill, and if there should be no appearance, that the Court would proceed to hear the cause on the part of the complainants and to decree on the matter of the bill. On the first day of the term, a demurrer to the complainants' bill was filed, which was signed, "Green C. Bronson, Attorney General of New York." No other appearance was entered on the part of the defendants.
By the Court:
"The demurrer filed in the case by the Attorney General of New York, he being a practitioner in this Court, is considered as an appearance for the state. If the Attorney General did not so mean it, it is not a paper which can be considered as in the cause or be placed on the files of the Court."
The demurrer being admitted as containing an appearance by the State of New York, it amounts to a compliance with the order of the Court.
A demurrer is an answer in law to the bill, though not, in a technical sense, an answer according to the common language of practice.