Fowle v. Common Council of Alexandria - 24 U.S. 320 (1826)
U.S. Supreme Court
Fowle v. Common Council of Alexandria, 24 U.S. 11 Wheat. 320 320 (1826)
Fowle v. Common Council of Alexandria
24 U.S. (11 Wheat.) 320
No judgment can be rendered upon a demurrer to evidence until there is a joinder in demurrer, and issue cannot be joined upon the demurrer so long as there is any matter of fact in controversy between the parties.
The demurrer to evidence must state facts, and not merely the evidence conducing to prove them.
One party cannot insist upon the other party's joining in demurrer without distinctly admitting upon the record every fact and every conclusion which the evidence given for his adversary conduced to prove.
Where the demurrer to evidence is defective in these respects and judgment has notwithstanding been rendered upon it for the party demurring by the court below, the judgment will be reversed in this Court and a new trial awarded.