Redington v. Burnham

This is a tort action predicated upon the bringing of a baseless action of contract by the L. A. W. Assur- anee Corporation against the plaintiff herein. The defendant answered by way of a general denial and a non accrevit of three years. The plaintiff demurred to the latter. His demurrer was overruled, and he excepted.

It is argued by the defendant that the demurrer reaches back through the record and attaches to the first pleading bad in substance; and he insists that the complaint states no cause of action and consequently the plaintiff has demurred himself out of court. That a demurrer,…