I concur in the foregoing opinion of Mr. Justice Barrett. Sections 488-499, inclusive, Code Civil Proc., distinctly recognize that a demurrer and answer are different pleadings. They expressly provide that a demurrer shall perform an office which shall not be and cannot be done by answer. Sections 968-966 further show that an answer and demurrer are distinct and different pleadings, as they raise issues of an entirely different nature.
Bartlett, J., concurs.