Cobb v. Frazee

Gridley, Justice.

—This is a demurrer to a part of an answer. The plaintiff’s counsel has selected from the answer several sentences, forming a part of the statement of one entire ground of defence, and demurred to them; while he has replied to the residue of the answer. And the question is not whether the matter demurred to is “ irrelevant and redundant,” and subject to be stricken out, on motion, under the 60th section of the code; but whether the plaintiff can demur except to an entire defence.

The determination of this question must depend on the provisions of the code. By section 150, it…