Justice v. . Sherard

In Pittsburgh Plate Glass Co. v. Hotel Corporation et al., ante, at p. 12, the following. principle is laid down and now reiterated: “A demurrer goes to the heart of a pleading and challenges the right of the pleader to maintain bis position in any view of the matter, admitting, for the purpose, the truth of the allegations of fact contained therein,” citing authorities.

In Brick Co. v. Gentry, 191 N. C., at p. 642, it is said: “A demurrer can be sustained, and it is only appropriate, when tbe defect or objection appears on tbe face of tbe pleading, as it is not tbe province of a demurrer to…