McLaughlin v. Bascomb

Decided June 16, 1873

Supreme Court of Iowa · decided 1873-06-16

<p>1. Demurrer: must be specific. A demurrer must be specific in pointing out objections to the pleading demurred to.</p> <p>2. -That “the matters therein stated are not sufficient to constitute a cause of action ” is insufficient.</p>

Cited by 3 later decisions (1 by the Supreme Court) — most recently December 1903

2 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1873-06-16

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Day, J.

¶1— This is an action of slander To the petition the defendant demurred, as follows: “And now comes the defendant, James Baseom, and demurs to the plaintiff’s amended petition, for the reason that the matters therein stated and contained are not sufficient to cciñ'stitute a cause of action against him.” This demurrer was sustained, and plaintiff appeals.

¶2We do not inquire whether the petition sets forth- a cause of action. The demurrer does not specify any ground of objection to the petition intended to be urged. It does not comply with-the provisions of section 2877 of the Revision. It should have been disregarded by the court. McKellar v. Stout, 13 Iowa, 487.

¶3Reversed.