Opinion
File No. 72854
No allegation of fact is permissible in a demurrer. Where the defendants sought to make an exhibit part of their demurrer to the complaint, the demurrer was fatally defective.
Memorandum filed July 6, 1946.
Memorandum on demurrer to complaint. Demurrer overruled.
Vogel Sigsway, of South Norwalk, for the Plaintiff.
Louis M. Altman, of Stamford, for the Defendant.
Paragraph 1 of the demurrer alleges that a copy of an agreement set forth in paragraph 2 of the complaint "is annexed hereto as Exhibit `A' and made part of this demurrer."
It thus appears that all facts contained in that agreement are incorporated in, and made part of, the demurrer.
It is a fundamental rule of law that a "speaking demurrer" is improper since no allegation of fact is permissible in a demurrer. Ryan v. Knights of Columbus, 82 Conn. 91, 92; 41 Am. Jur. 440, § 209.