Star Ball Retainer Co. v. Klahn

CROSS, District Judge.

The defendant has filed a general demurrer to the bill of complaint in this cause. The demurrer, however, partakes more of the nature of an answer than of a demurrer. It is what is sometimes called a “speaking demurrer.” A demurrer in equity, as at law, admits all the facts which are properly pleaded. The purpose of a demurrer is not to set out facts, but to test the law arising upon the facts stated in the bill. Questions which cannot be-thus raised must be set out affirmatively either by plea or answer. These propositions are so well settled that a citation of…