Stinchcomb v. Hoard

Quillian, Justice.

A petition is subject to general demurrer in two instances: (1) where it is inherently insufficient to set forth the plaintiff’s right to the recovery sought or the relief prayed; (2) when it reveals that there is a valid defense that may, at the defendant’s election, be interposed to the cause plead, such as the statute of limitation, the bar of laches, or the statute of frauds. In the first of these instances a general demurrer may attack the petition upon the broad ground that it sets forth no cause of action. In the latter instance the demurrer must specifically point…