Rodgers v. Caldwell

While a 'written demurrer duly filed is the proper mode of practice to cause the dismissal of an answer to a plaintiff’s petition, which is defective in form and does not, as a matter of law, set up any defense to the action, yet this court will not reverse a judgment striking such a plea on a hearing had on oral motion.

The answer filed in the present case sets up no legal defense to the action.

Judgment affirmed.

All the Justices concurring.