Herriman v. Creason

CLARK, J.'

This case was submitted to Division Two of this court and an opinion written holding that title to real estate is not involved within the meaning of the State Constitution, and that the case should be transferred to the proper court of appeals. The opinion failing of adoption, the case was transferred to the court en banc.

In the trial court defendant demurred to plaintiff’s petition on the grounds that it failed to state facts sufficient to constitute a' cause of action and showed on its face that plaintiff has an adequate remedy at law. The court sustained the demurrer and,…