Dunlap v. Stewart

The plaintiff demurs as follows: “To each of the several defences contained in the amended answer and numbered 1, 2, 3 and 4 on the ground that the same are and each of them is insufficient in law on the face thereof,” i. e., in the words of section 494 of the Code of Civil Procedure, which allows demurrers to counterclaims and defences.

But on reference to the answer the so-called “defences” which are demurred to are found not to be defences at all, but only denials. In the nomenclature of pleading a “denial” is not a “defence.” Code Civ. Proc. § 500 et seq.; Burlcert v. Bennett, 35 Misc.…