Sallade v. Albertson

Opinion by

Ross, P. J.

Though the demurrer, in form consists of four distinct grounds, it raises in fact but three specific inquiries.

i. tías the defendant an equity which will sustain his bill? 2. Has. he an adequate remedy at law ? and 3. Can a suit at law, based upon a statutory right of process, be restrained by injunction ?

It is hardly necessary to say, that in ruling upon the sufficiency of the demurrer, the court can look only at the averments in the bill, and must disregard the answer filed with the demurrer, which is not now technically before us. This remark is made, because upon the…