At the return term of the writ, the defendant, by general demurrer, questioned the sufficiency, in legal and technical form, of the setting out differently in several counts, of the cause of action on which the plaintiff would rely.

Whether the circumstances, as stated in any of the counts, if proved, would be justiciable, is the sole inquiry at this time.

The answer must be adverse to the defendant. He took nothing by his demurrer. Exceptions overruled.