Rae v. Washington Mutual Insurance

GridLey, Justice.

This is a motion for judgment under the 247th section of the Code, upon a frivolous demurrer; and the counsel for the defendant objects.

1st. That the motion can not be entertained under the notice. The notice is of an application for an order that the demurrer be stricken out as irregular and frivolous, with costs of the motion. Nothing is said of an application for judgment on the demurrer, or for judgment in the cause; nor is there any prayer for general relief. When a party moves for specific relief, and does not pray for any alternate or general relief, and the motion for…