Alley v. Nott,
111 U.S. 472 (1884)

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U.S. Supreme Court

Alley v. Nott, 111 U.S. 472 (1884)

Alley v. Nott

Submitted March 24, 1884

Decided April 21, 1884

111 U.S. 472


It is within the discretion of the court, after overruling a general demurrer to a declaration or complaint as not stating facts which constitute a cause of action, to enter final judgment on the demurrer, and such judgment if entered may be pleaded in bar to any other suit for the same cause of action.

As a demurrer to a complaint because it does not state facts sufficient to constitute a cause of action raises an issue which involves the merits, a trial of the issue raised by it is a trial of the action within the meaning of § 3 of the Act of March 3, 1875, 18 Stat. 471, relating to the time within which causes may be removed from state courts. Yannevar v. Bryant, 21 Wall. 41; Insurance Co. v. Dunn, 19 Wall. 214; Kinq v. Worthington, 104 U. S. 44; Hewitt v. Phelps, 105 U. S. 393, distinguished from this ease. Miller v. Tobin, 18 F. 609, overruled.

The only question argued and decided in this case was whether the cause was properly removed from the state court under the Removal Act after a general demurrer to the complaint for showing no cause of action had been heard and overruled

Page 111 U. S. 473

with leave to answer and answers had been filed. The facts appear more at length in the opinion of the Court.

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