Bidlingmeyer v. City of Deer Lodge

MR. JUSTICE FREEBOURN:

(dissenting).

I. dissent for the following reasons:

The question to be answered by this court is: Does or does not the complaint state facts sufficient to constitute a cause of action f.In determining whether'or not the complaint states facts sufficient to constitute a cause of action as against the demurrer, every material allegation of fact well pleaded is deemed true. Mills v. Pope, 90 Mont. 569, 4 Pac. (2d) 485; Toomey v. Penwell, 76 Mont. 166, 245 Pac. 943, 45 A. L. R. 993. For the purpose of determining the sufficiency of a complaint, attacked by a general demurrer,…