Supreme Court of Alabama January 15, 1859 (Henley v. Bush)

A. J. 'WALKER, C. J.—

The court below erred in visiting the plaintiff’s demurrer to the defendant’s plea upon the complaint. Until the Code was adopted, it was “an established rule, that upon the argument of a demurrer, the court would, notwithstanding the defect in the pleading demurred to, give judgment against the party whose pleading- was first defective in substance.—1 Chilty on PI. 668.