
    Anonymous.
    The plaintiff may move to strike out a plea as frivolous after he has demurred to it.
    
      A.' Taber, for the plaintiff,
    moved to strike out a plea as frivolous after it had been demurred to.
    
      R. L. Joice, contra,
    said the motion should have been made before the plaintiff demurred ; and that no precedent could be found for moving afterwards. But
   The Chief Justice granted the motion, observing that the point had been frequently decided.

Rule accordingly. 
      
       See Heaton v. Bartlett, (13 Wend. 672;) Melville v. Hazlitt, (id. 680;) Rules of Sup. Court, 1837, No. 86; Rules of Sup. Court, 1845, No. 87; Maury v. Van Arnum, (1 Hill, 370;) Lowry v. Hall, (id. 663;) Fisher v. Pond, (id. 672.)
     