
    Rodgers v. Caldwell.
    Argued January 8,
    Decided January 25, 1901.
    Complaint. Before Judge Reid. City court of Atlanta. June 23, 1900.
    
      Robert L. Rodgers, for plaintiff in error.
    
      Culberson & Willingham, contra.
   Little, J.

While a 'written demurrer duly filed is the proper mode of practice to cause the dismissal of an answer to a plaintiff’s petition, which is defective in form and does not, as a matter of law, set up any defense to the action, yet this court will not reverse a judgment striking such a plea on a hearing had on oral motion.

The answer filed in the present case sets up no legal defense to the action.

Judgment affirmed.

All the Justices concurring.  