Then the judge can sustain (rule in favor of) a demurrer on the basis that the complaint's date-related allegations indicate it was filed too late ("the statute of limitations has run"), unless the plaintiff can show a typographical error (a so-called "scrivener's error") occurred in the drafting of the complaint.
Valentine's ‘plea and demurrer’ to the information of the Attorney-General, prepared by his counsel, Robert Mason and Henry Calthorpe, was issued on 22 May, and was followed by a further plea on 1 June in answer to the altered information of 29 May.