Letchworth v. Koon

Appellees, complainants below, filed their bill to foreclose a mortgage, to which appellants, defendants below, demurred; thereupon complainants filed an amendment to their bill complying with the points raised by the demurrer. Subsequently, defendants filed a second demurrer, raising a point of law, not raised by their first demurrer, which was upon motion of complainants stricken and a decree pro confesso entered by the court, upon the ground that the second demurrer raised an objection to the original bill not raised by the previous demurrer and that same was "frivolous."

The only point…