Jaques v. Patterson

The first assignment of error is the overruling of the demurrer to the answer. The first ground of demurrer was that the answer did not state facts sufficient to constitute a defense to the action and the second ground was that the answer contained two or more counterclaims not separately pleaded. The demurrer was to the answer as a whole and not to the new matter which was affirmatively alleged by way of two further and separate answers and defenses, or to either thereof, and as stated the answer contained not only a denial of the facts alleged in the complaint, but also of new matter set up…