Ayers v. Ayers

The demurrer filed by the plaintiff to the defendant’s further defense and cross-action is based upon his contentions that the defendant’s pleadings do not state facts sufficient to constitute a defense against the plaintiff’s action upon grounds of separation as alleged in the complaint, and do not state facts sufficient to constitute an action against the plaintiff for damages as prayed or the suit money demanded by her counsel.

This brings the plaintiff squarely within the succinct statement in 3 Strong’s N. C. Index, Pleadings, Sec. 19: “The same rules apply to a demurrer to a counterclaim…