Trask v. Garza

This appeal is taken by the defendants from an adverse judgment and is presented upon the judgment-roll alone.

The points urged as ground for reversal rest upon the ruling of the trial judge in refusing to sustain a demurrer interposed by the defendants to the second amended complaint of the plaintiff. The grounds of that demurrer to be here considered are: (1) That said complaint did not state facts sufficient to constitute a cause of action as against defendants or either of them; (2) that there was a misjoinder in that appellant Johnson was improperly included as a defendant in the action.

Th…