Edwards v. Drake

This is an appeal in chancery from a judgment sustaining a demurrer to the answer of defendant, William Edwards. No such pleading as a demurrer to an answer in chancery is known to the practice in this State. After answer the next step is to except for insufficiency or impertinence, to ■set the cause down for hearing upon bill and answer, or to ■file replication. While there was no objection by defendant to the filing of this demurrer by plaintiff, and while the defendant went to a hearing upon the demurrer, without objection, still this court cannot sanction a totally unauthorized practice.…