Cody v. . Hovey

Plaintiff’s Appeal.

Devin, J.

Ordinarily, an appeal from the denial of a preliminary motion for judgment on the pleadings will be dismissed as premature and involving no substantial right (Johnson v. Ins. Co., 215 N. C., 120), and a demurrer to the sufficiency of the answer is in some respects equivalent to a motion by plaintiff for judgment on the pleadings, but where the defendant admits all the allegations of the complaint and sets up an affirmative defense based on new matter alleged in bis further answer, a-demurrer on the part of the plaintiff challenges the sufficiency of the only…