Boise Valley Traction Co. v. Ada County

VARIAN, Commissioner.

— This is an appeal from a judgment sustaining an amended demurrer to plaintiff’s complaint.

The complaint was filed July 10, 1920, and an amendment thereto was filed on April 5, 1921. A demurrer to the complaint was filed on April 25, 1921, and overruled by the trial court July 2, 1921. By leave of the court an amended demurrer was filed July 26, 1921, and on September 6, 1921, the order overruling the original demurrer was vacated and the amended demurrer sustained. Judgment on the amended demurrer was entered January 26, 1922.

The complaint alleges in effect that…