Opinion
No. 27,885.
May 23, 1930.
No appeal from order overruling demurrer to reply.
Demurrer to a reply having been abolished, an appeal from an order overruling such a demurrer presents no question for review.
Defendant appealed from an order of the district court for Olmsted county, Gates, J. overruling his demurrer to plaintiff's reply and certifying the question involved as important and doubtful. Appeal dismissed.
A. J. Rockne, for appellant.
W. W. Smith, for respondent.
In this case plaintiff served a reply to defendant's answer. Defendant demurred to the reply. The court overruled the demurrer but certified that the question involved was important and doubtful. Defendant appealed.
All allegations of new matter in a reply are deemed denied without further pleading. G. S. 1923 (2 Mason, 1927) § 9268. The provision in R. L. 1905, § 4134, which permitted a demurrer to a reply, was eliminated from the statute by L. 1913, p. 47, c. 54 [G. S. 1923 (2 Mason, 1927) § 9257] and such a demurrer is no longer permissible. See 5 Dunnell, Minn. Dig. (2 ed.) §§ 7538b, 7557, 7624b.
Demurrer to a reply having been abolished, there is no question for review and the appeal is dismissed.