Loveland v. Warner

The first point made is that the trial court erred in overruling the plaintiffs’ demurrer to “the further second amended answer of defendants to plaintiffs’ amended complaint.”

After the demurrer was overruled, the plaintiffs filed a reply to all of the new matter contained in the answer. In this jurisdiction it is well established that, when a demurrer to an answer is overruled and the plaintiff pleads over, the demurrer is abandoned and it ceases to be a part of the record: Wells v. Applegate, 12 Or. 208 (6 Pac. 770); Johnston v. Oregon Short Line Ry. Co., 23 Or. 94 (31 Pac. 283); Creecy v.…