Goss v. . Waller

Ashe, J. There is no error in the ruling of His Plonor-The statute provides that the demurrer shall distinctly specify the grounds of objection to the complaint, and unless it does so,, it may be disregarded. The Code, §240 — same as C. C. P.,. §96. This section has received judicial construction. In Love v. Commissioners, 64 N. C., 706, where the court held “ that a demurrer under the C. C. P. differs from the former-demurrer at law in this: Every demurrer, whether for substance or form, must distinctly specify the ground of objection, to the complaint, or be disregarded. It differs from the former demurrer in equity, in that the judgment overruling.it is final and decides the case, unless the pleadings are amended.” Chief-Justice PeaksoN, who delivered the opinion, said, “it is so easy to specify the ground of objection that the court is not disposed to relax the rule. There is no use in having a scribe unless you. cut up to it.” This decision was cited with approval in-the more recent case of Bank v. Bogle, 85 N. C., 203. The judgment of the judge of the superior court must be affirmed, and this opinion certified to the superior court of Gran-ville county, that the same may be certified to the clerk of the superior court with directions to proceed according to law. The appellant must pay the costs of the appeal. No error. Affirmed.