Legal Opinion
Carter v. Brooks
Greensville County Circuit Court
Decided January 20, 2009No. Case No. CL08-0146Published
1Opinion of the Court
By Judge W. Allan Sharrett
The Court must adjudicate Cynthia Evora Brooks’s Demurrer and Plea in Bar, filed in response to the Complaint by Mary E. Carter. Having considered counsels’ arguments on November 14,2008 and the pleadings, the Court rules herein. For the following reasons, the Plea in Bar is overruled, and the Demurrer is sustained with leave to amend.
Summary of Facts
The standard of review when evaluating a demurrer and a plea in bar are the same, that is, the facts as pleaded by the plaintiff are presumed to be true. A demurrer “admits the truth of all material facts that are…
2Cases cited10 opinions
- Thompson Ex Rel. Thompson v. Skate America, Inc.Supreme Court of Virginia · 2001
- Norris v. MitchellSupreme Court of Virginia · 1998
- Gray v. VIRGINIA SECRETARY OF TRANS.Supreme Court of Virginia · 2008
- Griffin v. GriffinSupreme Court of Virginia · 1945
- Gimbert v. Norfolk Southern RailroadSupreme Court of Virginia · 1929
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