EN BANC
[G.R. No. 1128. April 29, 1903. ]
CHIYE MAGATINGE, Petitioner, v. LA ELECTRICISTA, Respondent.
Frederick G. Waite for Petitioner.
Jose Robles and Davis & Cohn for Respondent.
SYLLABUS
1. CIVIL PROCEDURE; PLEADINGS; WAIVER OR DEMURRER. — An answer, filed while a demurer is still pending, supersedes the demurrer.
D E C I S I O N
LADD, J.:
The defendant demurred to the complaint, and while the demurrer was still pending filed an answer. These two pleadings can not stand together. The effect of the filling of the answer was to supersede the demurrer. The motion to strike out the demurrer should he granted. So ordered.
Arellano, C.J., Torres, Cooper, Willard and Mapa, JJ., concur.
McDonough, J., did not sit in this case.
Arellano, C.J., Torres, Cooper, Willard and Mapa, JJ., concur.
McDonough, J., did not sit in this case.
