Hopkins v. Everett

Barculo, Justice.

The counsel for the defendant is mistaken in supposing that a demurrer will not lie against a denial in an answer as well as to new matter. The word “same,” in section 153 of the Code, refers to the word “ answer,” and not to “ new matter.”

I think, also, that the answer is insufficient. The complaint alleges that defendant “ assaulted the plaintiff, and seized him by his collar and shook him violently.” The answer “ denies that he did assault the said plaintiff, and seize him by his collar, and shook him violently.” The defendant has grouped three of the charges and denied…