Functions of a Demurrer under the Revised Code

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 mentioned the impression which seems to prevail among some to the effect that no objection of any sort can be interposed to a pleading except through the medium of a demurrer. A brief analysis of the statutes and a comparison of the present provisions with the common law and equity practice and prior statutory regulations which have been superseded may help to clarify the situation.

It is perhaps superfluous to state that space will not permit any attempt to cover more than a few of the more prominent features of the subject.