Cross v. Payne

Superior Court of Delaware

Cross v. Payne

111 A. 741, 31 Del. 132, 1 W.W. Harr. 132, 1920 Del. LEXIS 18

CourtSuperior Court of Delaware

DecidedDecember 10, 1920

DocketSums. Case, No. 137

StatusPublished

This text of 111 A. 741 (Cross v. Payne) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cross v. Payne, 111 A. 741, 31 Del. 132, 1 W.W. Harr. 132, 1920 Del. LEXIS 18 (Del. Ct. App. 1920).

Pincite

Opinion

Per Curiam.

The defendant has filed a general demurrer to the one count contained in plaintiff’s declaration, and the objection urged is that the count is too general. A general demurrer goes to the sufficiency of the opposing pleading without disclosing the nature of the objection, and is sufficient when the objection is to matter of substance in the pleading. The objection by the defendant urged is not based upon want of sufficiency in substance, but upon a lack or want of sufficient particularity in the count. Where the sufficiency of particularity of a count in a declaration is questioned, a special demurrer should be employed showing specifically the particular grounds relied on.

The demurrer is overruled.

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Per Curiam.

The defendant has filed a general demurrer to the one count contained in plaintiff’s declaration, and the objection urged is that the count is too general. A general demurrer goes to the sufficiency of the opposing pleading without disclosing the nature of the objection, and is sufficient when the objection is to matter of substance in the pleading. The objection by the defendant urged is not based upon want of sufficiency in substance, but upon a lack or want of sufficient particularity in the count. Where the sufficiency of particularity of a count in a declaration is questioned, a special demurrer should be employed showing specifically the particular grounds relied on.

The demurrer is overruled.

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Bluebook (online)

111 A. 741, 31 Del. 132, 1 W.W. Harr. 132, 1920 Del. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-payne-delsuperct-1920.