Rodgers v. Caldwell

Little, J. While a 'written demurrer duly filed is the proper mode of practice to cause the dismissal of an answer to a plaintiff’s petition, which is defective in form and does not, as a matter of law, set up any defense to the action, yet this court will not reverse a judgment striking such a plea on a hearing had on oral motion. The answer filed in the present case sets up no legal defense to the action. Judgment affirmed. All the Justices concurring.