Mayor of Forsyth v. Hooks

Russell, Chief Justice.

After a painstaking examination of the authorities cited by counsel, as well as others which were discovered as a result of quite laborious investigation, we have reached the conclusion that the court erred in not sustaining the demurrer to the petition and in not dismissing the action. It is to be borne in mind that while a demurrant must admit the truth of the statements of fact made by an opponent (whether the demurrer be addressed to a petition or be one in which the plaintiff attacks the answer of the defendant) when well pleaded, nevertheless another rule must be…