Doane & Jones Lumber Co. v. Essex Building & Land Co.

Stevens, V. C.

The application in this case is misconceived. It is substantially a demurrer to the answer. Such a demurrer is not recognized in the books. Travers v. Ross, 1 McCart. 254. Rule 213 provides that any objections to any pleading or to any part thereof may be adjudicated upon on motion without the filing of a demurrer or exceptions, but the notice of such motion must state the particular ground or grounds of objection. By force of this rule such an application, in the case of an answer, does no more than take the place of exceptions, and is to be decided by the rules which apply in.…