Smith v. Smith

The questions involved on this appeal relate to the action of the court below (1) in overruling plaintiff’s demurrer to the further answers and defenses and counterclaim of defendant, and (2) in denying plaintiff’s motion for judgment pro confesso on the pleadings. As to these, we are of opinion that the challenge of plaintiff is well founded.

' The plaintiff may in all cases demur to answer containing new matter, where, upon its face, it does not constitute a defense or counterclaim. Such demurrer shall be heard and determined as provided for demurrers to the complaint. G. S., 1-141.

“The…