Wade v. Huber

The only question argued by counsel for appellant is whether or not a paper filed by the appellee, and denominated a demurrer, is sufficient in form and substance to constitute a demurrer. It was filed as a demurrer to the separate answer of the appellant Leroy M. Wade, and was sustained by the court.

This demurrer, omitting the caption, reads as follows:

“The plaintiff demurs to the second paragraph of defendant Leroy M. Wade’s answer, and for grounds of demurrer says that said answer does not state facts sufficient to constitute a good answer.”

*418The appellant insists that it is insufficient…