When will a judge order a verdict in favour of a demurrer?

The trial judge felt bound by the decision on demurrer (Hannay v. Guaranty Trust Co. (C.C.) 187 F. 686) to direct a verdict for the plaintiffs. But the facts as developed at the trial were essentially different, and the case was materially changed. The law of England was not before the court on the hearing of the demurrer because not pleaded, and no proof of that law had been presented. The complaint under which the trial took place was an amended complaint, and not the one which was before the court on demurrer and the material difference in the state of the pleadings differentiated the case at trial from the case upon demurrer.