Pargas of Loris, Inc. v. Heniford

Brailsford, Justice.

This is an appeal from the disallowance by the trial judge of a demurrer by plaintiff to defendant’s counterclaim. The demurrer was stated orally at the commencement of the trial and was upon the ground that the “counter-claim doesn’t state the facts sufficient to constitute the cause of action or a defense.” This generality was palpably insufficient under Section 10-643, Code of 1962, which requires that a “demurrer shall distinctly specify the grounds of objection to the complaint. Unless it does so it may be disregarded.” The so-called demurrer was properly overruled.…