Pew v. Minor

Citations

• 216 Pa. 343
• 65 A. 787
• 1907 Pa. LEXIS 816

Syllabus

<p>Equity — Equity pleading — Demurrer—Speaking demurrer.</p> <p>When a defendant in an equity suit interposes a demurrer as a- defense he admits the truth of the material facts set out in the bill, but denies that they are sufficient to justify the court in granting the relief prayed for by the plaintiff. The defense must be made out from the allegations of facts in the bill which, so far as material, are taken as verity. It is a settled rule of equity pleading that the defendant is not permitted to introduce averments of fact in his demurrer, and if he does so, and the facts thus averred are necessary to support the demurrer, it constitutes a speaking demurrer, and is bad.</p> <p>A demurrer to a bill in equity filed in the common pleas setting up that the case had been adjudicated at law in the court of quarter sessions, is bad as a speaking demurrer, and will not be sustained where there is no reference in the bill to the proceedings in the quarter sessions.</p>