Shuey v. Hoffman

Opinion of the Court by

Judge Willis

Affirming.

This appeal involves the propriety of a ruling refusing to file a reply.

if the rejected pleading was legally sufficient to subvert the defense presented by the answer to which it was addressed, it should have been filed. If, however, it was not substantially sufficient for that purpose, its rejection involved no error. The legal sufficiency of a pleading may be tested by an objection to the filing thereof; the objection being treated as a general demurrer thereto. Brady v. Peck, 99 Ky. 42, 34 S. W. 906, 35 S. W. 623, 17 Ky. Law Rep. 1356; C., N. O.…