
    HOYT v. SHELP.
    
      N. Y. City Court, Special Term;
    
    
      November, 1887.
    The rule allowing a party to serve an answer in lieu of a demurrer as an amended pleading,—reiterated.
    Motion, for judgment on demurrer as frivolous.
    
      S. A.c&jD.T. Noyes, for the plaintiff, and the motion cited Smith v. Laird, 44 Nun, 580.
    
      Paddock & Camion, for the defendant, opposed.
   Browne, J.

This court has held that a party may amend his pleadings after service of a demurrer. Having done this within the time provided by law, the defendant’s practice is regular. The demurrer is superseded by the service of the answer.

Motion denied; no costs.  