Cherry v. Atlantic Coast Line Railroad

Generally speaking, a demurrer may not be entertained after the answer is filed unless by leave of court the answer is withdrawn, because a defendant is not permitted to answer and demur to one cause of action at the same time. Finch v. Baskerville, 85 N. C., 205; Moseley v. Johnson, 144 N. C., 257; Rosenbacker v. Martin, 170 N. C., 236. But tbis ruling does not apply wben objection is entered to the jurisdiction of the court or to the complaint on the ground tbat it does not state facts sufficient to constitute a cause of action. C. S., 518, and cases cited.

After the jury bad been impaneled…