New York Supreme Court May 15, 1827 (Miller v. Heath)

Curia.

Take your motion, on paying the costs of the demurrer, and of this motion. It is not of course, on overruling a frivolous demurrer, to allow the party to withdraw it and plead. But it has often been done where the attor*102nev demurred in good faith; and a defence on the *merits J ° * . _ is sworn to.