Ross v. Freeman

The Chancellor:

A motion under Rule 44 for a decree notwithstanding answer is in the nature of a de*46murrer to the answer. Jones v. Maxwell Motor Co., 13 Del. Ch. 76, 115 A. 312. Like a demurrer it admits for the moment that the facts set forth in the answer are true. But the admission goes only as to facts. Although a demurrer confesses the matters of fact stated in the bill to be true, it does not admit any matters or conclusions of law which are suggested in the bill or inferred from the facts stated. Daniell’s Chancery Pleading and Practice, (4th Ed.) p. 545. As a motion for decree…