
    Currie v. Baldwin.
    A motion for judgment on the ground that a demurrer put in to the complaint is frivolous, may be made, although twenty days have not elapsed since the service of the demurrer. If, within the twenty days allowed for amending, the party so amend the demurrer that it is no longer frivolous, the motion will be denied without costs.
    January 17, 1852.
    
      A. J. Vanderpoel, for the plaintiff.
    
      L. 8. Thomas for the defendant.
   The above points were ruled by

Sandford, J.,

at chambers, with the concurrence of all the Justices.  