Alexander v. Cleland
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Baker, Associate Justice. WHERE GROUNDS OF 'DEMURRER ARE -FIXED BY STATUTE THEY ARE EXCLUSIVE. In this Territory, the grounds of demurrer are fixed hv sub-section 35 of section 2685, C. L. 1897. “Where the causes for which parties may demur to pleadings are fixed by statute, those causes are exclusive and no other groimds of demurrer will be entertained by the court.” 6 Ene.
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Appeal from the district court of Bernalillo county, before Baker, Associate Justice. WHERE GROUNDS OF 'DEMURRER ARE -FIXED BY STATUTE THEY ARE EXCLUSIVE. In this Territory, the grounds of demurrer are fixed hv sub-section 35 of section 2685, C. L. 1897. “Where the causes for which parties may demur to pleadings are fixed by statute, those causes are exclusive and no other groimds of demurrer will be entertained by the court.” 6 Ene. PL '& Pr. 309; Benton- v. St. Louis, 1 Wash. T. 215; Mayhew v. Bobinson, 10 Plow. Pr. 166; .Bichard v. Edick, 17 Barb. 262; Hentsch v. Porter, 10 Cal. 558;…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
— In this case onfy four alleged errors are assigned the first and third of which relate to matters of practice and, which ujader the decision we propose to render in .this case it will not be necessary for us to pass upon. The second assignment that the “district court erred in sustaining the so-called amended demurrer filed' in .said cause,” necessarily carries with it the fourth assignment of error, that the “court erred in dismissing the complaint/ for if error was .committed in sustaining the demurrer as a matter of course the court committed error in…
2Cases cited8 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Morris v. NixonSupreme Court of the United States · 1843
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
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