Corse v. . Ledbetter

3 N.C. 15

Opinion

Per curiam.-

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.