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West Virginia University

1935

Civil Procedure

Demurrer

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Functions Of A Demurrer Under The Revised Code, Leo Carlin Jun 1935

Functions Of A Demurrer Under The Revised Code, Leo Carlin

West Virginia Law Review

The Revised Code undertakes to establish the demurrer as the uniform method of objecting to the insufficiency of pleadings. Although the intention was to accomplish a maximum of uniformity and simplicity, not only as to selection of the remedy, but also, presumably, as to its operative effect, there already may be detected some divergence of opinion among members of the bar as to the specific application of the new provisions. As an illustration of conclusions that may be too hastily drawn, perhaps due to a superficial consideration of the apparent general motives by which the Revisers were actuated, may be …