Pleading after a Demurrer is sustained, or by answering after a Demurrer is overruled, the Party waives any Exception to the Ruling before the Appellate Court.53 Therefore, a Motion to Strike Out, rather than a Demur- rer, may be preferable to save the benefit of the objection.
Ct., 1920), order modified, 193 App.Div. 161, 183 N. Y.Supp. 495 (1st Depít 1920).
Where questions which should have been raised by Demurrer were raised by Motion to Strike Portion of Answer, the Motion may be treated as a Demur- rer. Lyons v. Farm Property Mut. Ins. Assín of Iowa, 188 Iowa 506, 176 N.W. 291 (1920).
It is not the Office of a Demurrer to test Improper Allegations concerning Damages, the remedy being by Motion to Strike or Objection to Evidence or Special Charges. Western Union Telegraph Cío. v. Morrison, 15 Ala.App. 532, 74 So. 88 (1917), judg- ment reversed, Ex Parte Western
Telegraph Co., 200 Ala. 496, 76 So. 43S (1917).
A Demurrer is not the Proper Way to Test the Suffi- ciency of a Notice of Defense filed under Section 46 of the Illinois Practice Act, but a Motion to Strike from the Files. White v. Bourquin, 20-1 lll.App. S3, 96 (1917).
See, on Dcniuriers and Motions to Strike
ONeil Turpentine Co.,
Fla. 324, 47 So. 609, 16
Ann.Cas. T3S (1908); State v. Seaboard Air Line
Ry., 56 Fla. 670, 47 So. 986 (1908); Southern Home
Ins. Co. v. Putnal, 57 FIn. 199, 49 So. 922 (1909).
Error in sustaining a Demurrer is waived by
Amending or asking leave to Amend or Plead Over.
Cent. Life Ins. Ca., 203 Ill. 444, 67
N.E. 971 (1002).