Principle

CIVIL PROCEDURE – Demurrer Proceedings – Scope of Documents Considerable – Court Confined to Statement of Claim Alone

Area of law
CIVIL PROCEDURE
Court
Supreme Court

In demurrer proceedings, the court is confined to the plaintiff's statement of claim alone. The defendant cannot file an affidavit—affidavits contain statements of fact, offending the rule that forbids answering questions of fact or discussing facts. Demurrer tests the legal sufficiency of the statement of…

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