The proper way is not to de^mr as is done here; for a demurrer is mute and cannot advance a new fact, as is attempted here i you should have moved the court not to al-' low the plea to be received as a pl<-a — -the matter pleaded is sufficient ; but as the counsel agree that the validity of the plea shall be decided upon without regard to the foim of opposing it, let it be over-ruled and the defendant answer over.
Corse v. Ledbetter, 3 N.C. 15, 2 Hayw. 15 (1797)
Nov. 1797
·
North Carolina Superior Court
3 N.C. 15, 2 Hayw. 15
Corse and Skepton vs. George Ledbetter.
TjLEA in abatement that they resided out of this state, and Ledbetter was an inhabitant of the district of Morgan : and' to this there was a demurrer, and assigned to be for want oi an affidavit of the facts stated in the plea.