Fuller v. Knapp

The complainants’ motion is, in substance, one to remove a demurrer from the files. The defendants demurred to the hill for want of equity, and the demurrer, waa set down for argument, and was overruled. The defendants then answered, and at the same time demurred again to the whole bill. A defendant cannot at the same time answer and demur to the whole bill, though he may demur to part and answer to the residue. Equity rule 32. After a demurrer has been overruled, a defendant may insist upon the same matters by way of defense in his answer. This has not been attempted here. The defendants…