Philadelphia, Baltimore & Washington Railroad v. Allen

The only question which is before the Court for decision on this record arises on the plaintiff’s demurrer to the defendant’s third plea. The plea is undoubtedly bad and the demurrer to it was properly sustained; but the contention of the defendant — the appellant here — is, that as the demurrer mounted up to the first error in the pleadings and as the declaration is insufficient, because indefinite and vague the trial Court should have looked back to the declaration and should have held it bad, instead of striking down the third plea. So the ultimate and single inquiry presented is this: Is…