Spina v. Hundley

Kenna, Judge:

This is a case certified by the Circuit Court of Ka-nawha County on questions arising upon a sustained demurrer to the answer of the Charleston National Bank to the amended bill in equity filed by John E. Amos, the next friend of Mary Spina, infant, against J. Howard Hundley and the Charleston National Bank.

Considering that “ * * * a demurrer reaches back to the first fault in the pleading of either party, * * * ” (Fisher v. Charleston, 17 W. Va. 595, 614) we are first concerned with the question of whether the bill of com plaint, the supplemental bill, and the amendment to the…