Sanders v. Gernert Bros. Lumber Co.

The first ground of demurrer filed to the complaint, that “said complaint does not state facts sufficient to constitute a cause of action,” is not sufficiently specific to present the objection that the complaint does not allege the due date of the note. Code 1923, § 9479; Henley v. Bush, 33 Ala. 642.

The statute, as was held in the cited case, not only abolishes general demurrers, but expressly prohibits the allowance -of any objection not specifically stated in the demurrer; the object of the statute being to prevent surprises and to protect parties from injury in consequence of errors in…