Again, it is a rule that on a demurrer, the court will consider the whole record and give judgment for the party who, on the whole, appears to be entitled to it. It is, however, subject to the following exceptions. First, if the plaintiff demur to a plea in abatement, and the court decide against the plea, they will give judgment of respondeat ouster, without regard to any defect in the declaration. Secondly, the court will not look back into the record, to adjudge in favor of an apparent right in the plaintiff, unless the plaintiff have himself put his action upon that ground. Lastly, the court, in examining the whole record, to adjudge according to the apparent right, will consider the right in matter of substance, and not in respect of mere form, such as should have been the subject of a special demurrer.
Demurrers are general and special, and demurrers to evidence, and to interrogatories.
A Special Demurrer is one which excepts to the sufficiency of the pleadings on the,opposite side, and shows specifically the nature of the objection and the particuIar ground of exception. Demurrer To Interrogatories. By this phrase is understood the reasons which a witness tenders for not answering a particular question in interrogatories. Strictly speaking, this is not a demurrer, which admits the facts stated for the purpose of taking the opinion of the court, but by an abuse of the term, the witness' objection to answer is called a demurrer in the popular sense. The court are judicially to determine their validity.