Finley v. . Finley

After the appeal from tbe judgment of tbe Superior Court in this action bad been docketed in this Court tbe defendant, S. G. Finley, moved that both tbe appeal and tbe action be dismissed, for tbe reason that tbe facts alleged in tbe complaint are not sufficient to constitute a cause of action of which tbe Superior Court of Wilkes County bad jurisdiction. This motion was in effect a demurrer ore tenus to tbe complaint on these grounds. Tbe defendant by filing an answer to tbe complaint in tbe Superior Court did not waive bis right to demur ore tenus to tbe complaint on tbe ground that tbe…