State Ex Rel. Swan v. Taul

This is a case wherein the court below sustained a demurrer offered by defendants to plaintiff’s petition and plaintiff refusing to plead further the court gave its order and judgment dismissing the cause. From this order and judgment, the plaintiff appealed.

Much of the presentation in the briefs filed in this case goes more to the points as to the merits of the case, provided the petition states a cause of action, than to the issue of demurrer. It follows that if no cause of action be stated in the plaintiff’s petition then consideration of much authority cited need not be given.

The petition…