8.01-273 - Demurrer; form; grounds to be stated; amendment.
§ 8.01-273. Demurrer; form; grounds to be stated; amendment.
A. In any suit in equity or action at law, the contention that a pleadingdoes not state a cause of action or that such pleading fails to state factsupon which the relief demanded can be granted may be made by demurrer. Alldemurrers shall be in writing and shall state specifically the grounds onwhich the demurrant concludes that the pleading is insufficient at law. Nogrounds other than those stated specifically in the demurrer shall beconsidered by the court. A demurrer may be amended as other pleadings areamended.
B. Wherever a demurrer to any pleading has been sustained, and as a resultthereof the demurree has amended his pleading, he shall not be deemed to havewaived his right to stand upon his pleading before the amendment, providedthe order of the court shows that he objected to the ruling of the courtsustaining the demurrer. On any appeal of such a case the demurree may insistupon his original pleading, and if the same be held to be good, he shall notbe prejudiced by having made the amendment.
(Code 1950, §§ 8-99, 8-120; 1954, c. 333; 1977, c. 617.)