8 D.C. 564
District of Columbia Court of Appeals
Decided April 15, 1874
District of Columbia Court of Appeals · decided 1874-04-15
A demurrer whieli sets up matter of proof which would he a defense on the merits, is irregular iu form and will he set aside. STATEMENT OE THE CASE. This is assumpsit upon a promissory note for $1,600, dated February 28,1873, indorsed by the defendants to the plaintiff. The declaration contains two counts.
Decided 1874-04-15
¶1By the Court:
¶2Without determining whether the judgment set up in the plea would be a bar to the present action, we are of opinion that the matters stated in the marginal note are subject of proof and should be asserted by way of replication and not by demurrer. The objection to the irregular form of the latter is well taken, and the order sustaining it must be reversed.