A demurrer may be withdrawn when a material fact is necessary to be introduced by plea; and the pleadings may be amended.
And after much argument, TAYLOR, J., allowed them to withdraw the demurrer and to reply, saying otherwise the Court would have to decide upon a statement of facts which did not disclose the real truth and merits of the case. He also gave leave to defendant to amend his pleadings.
NOTE. — See Simpson v. Crawford, 1 N.C. 55, and the cases referred to in the note of that case.