Old Colony Insurance Co. v. Dressel

Quiluian, Justice.

The office of a special demurrer is to compel the opposite party to plead his cause or defense plainly, fully and distinctly. See Code § 81-101. By requiring a plaintiff to set forth the facts upon which he relies for recovery with requisite clarity and fullness two purposes are accomplished. First, the defendant is informed of the facts to which he is entitled in the preparation of his defense. Where the purpose of the special demurrer is for the single purpose of obtaining such information and it clearly and affirmatively appears from the record that the defendant had full…