Buehrer v. Provident Mut Life Ins

The first’ground of demurrer under con-' sideration is that the facts stated are not sufficient to constitute a cause of action and is not based on any of the grounds specifically provided for 'Challenging the sufficiency of the facts stated in the cross-petition as constituting a counterclaim. That the alleged cause of action is not the proper subject of a countreclaim, may be waived, and since, in Ohio, a' general demurrer attacks only the jurisdiction of the subject matter, tor the petition as not stating facts sufficient to constitute a cause of action, and where lapse of time appears on…