
    BARNES v. GIBBONS.
    
      N Y. City Court Special Term;
    
      May, 1884.
    1. Service of answer after demurrer noticed for trial.] Within the time allowed for amendments of course a defendant who has demurred to the complaint may serve an answer as an amended pleading and thereby defeat argument upon demurrer already noticed by the plaintiff.
    Trial of demurrer.
    A demurrer to the complaint having been noticed for argument by the plaintiff and brought on for hearing, it appeared, after service of the notice of argument, that within six days after service of the demurrer, the defendant had served an answer as an amended pleading.
    
      Sutherland D. Smith, for the plaintiff.
    
      Thomas F. Byrne, for the defendant.
   Nehbbas, J.  