PLEADING BY DEFENDANT.

SECTION 48. THE VARIOUS METHODS OF DEFENSE OPEN TO DEFENDANT.

Upon the filing of the bill of complaint and the service of process upon the defendant, four methods of defense become available to the defendant, who can either:

(1) Disclaim,

(2) Demur,
(3) Plead, or

(4) Answer.

These four methods of defense will be the subject of the four succeeding chapters. A defendant may combine two or more of these defenses, as by disclaiming to part of the bill and demurring to the balance, or by demurring to one part and answering the remaining portion.

THE DISCLAIMER.

SECTION 49. THE DISCLAIMER.

A disclaimer is a pleading by the defendant disclaiming and renouncing all interest in, or claim to, the subject-matter of the controversy.

This method of procedure is open to the defendant when he is merely made a party to the suit on account of some interest or claim in the subject matter which he is believed to possess. If affirmative relief is sought against a defendant, he cannot relieve himself of responsibility by disclaiming.

THE DEMURRER.

SECTION 50. DEFINITION.

In a demurrer the defendant denies that the complainant has set forth a cause of action. The demurrer raises a question of law and is the proper method of defense when the ground of the defense is apparent upon the face of the bill itself, either from the matter contained in it, or from a defect in its frame.

SECTION 51. COMPARISON BETWEEN DEMURRERS AT COMMON LAW AND IN EQUITY.

A demurrer in equity can only be made to the bill, while in common law it can be made to any of the pleadings. A demurrer is the only way of raising a question of law at common law, while in equity such a question may be tried on an answer.

SECTION 52.

CLASSIFICATION OF DEMURRERS.

The general classification of demurrers is into general and special demurrers.

A demurrer also may be to the whole bill or to a part of the bill. There may be a demurrer to discovery alone.

Other forms of demurrers to be considered are speaking demurrers, and demurrers ore tenus.

SECTION 53. GENERAL AND SPECIAL DEMURRERS.

A general demurrer is one which assigns no special ground of objection, save that the bill is without