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Home / Opinion Digests / Demurrer not proper to allege missing party (access required)

Demurrer not proper to allege missing party (access required)

Where defendant demurred to plaintiff’s contract claim on the basis that plaintiff did not name a necessary party, the demurrer is overruled. A demurrer tests the legal sufficiency of factual claims. A motion for joinder is the “proper” vehicle to add a necessary party. Overview Defendant and his now ex-wife contracted with plaintiff, Loudoun Country Day School, ...