Brooks Equipment & Manufacturing Co. v. Taylor

When the plaintiff had completed its evidence counsel demurred to defendant’s pleading which set up his further defense and counterclaim, on the ground that fraud ivas not sufficiently alleged. The court reserved its judgment on the demurrer pending further proceedings. These consisted of a preview in the absence of the jury of the evidence the 'defendant intended to offer in support of his defense and counterclaim. It can readily be seen that the defendant’s evidence had no relevancy to the demurrer, which was to the pleading. At the conclusion of this hearing defendant was advised by the…