Page:Federal Reporter, 1st Series, Volume 2.djvu/30

 EOSENBACH ». DBEYFUS3. 23 �for other parties or jointly with others, and if for or with others, for and with whom. The ground of this demurrer is that as to any bonds not held by the defendant he is a mere wit- ness. But the interrogatory does not call for any discovery as to any bonds not held by the defendant, and as to those held by him it is averred that he has received them with notice and without consideration, from parties having no right to them, and he is asked to disclose what interest he has. �The remaining demurrers, which are to the discovery sought by particular interrogatories, seem not to be well taken. To many of these interrogatories the defendant has answered, and the object of the demnrrers appears to be to obtain the opinion of the court whether he should answer further. If the interrogatories are too broad, and he has answered so far as the plaintiff has shown himself entitled by his bill to a discovery, a demurrer to the interrogatory is unnecessary and improper. If the plaintiff is satisfied with the answer, then, so far as that part of the bill is concerned, the answer is com- plete. If the plaintiff is not satisfied, it is the special office of an exception, and not of a demurrer, to raise the question whether the answer is sufficient. �The demurrers are overruled. ���EosENBAOH V. Dbeyfuss and others, {District Court, 8- D. Nm York. March 8, 1880.) Ubmubbbk — Notice op Hbaring. �Koones e Goldman, for defendants. �Fiero e Chittenden, for plaintiff. �Choate, D. J. This cause, which is a oommon-law action, being at issue on complaint and demurrer thereto, the plain- tiff gave less than 14 days' notice of hearing for a stated term of the court. The defendant objects that under Eevised Statutes, § 914, the same notice must be given as is required ����