Coeur D'Alenes Lead Co. v. Kingsbury

MORGAN, J.,

Concurring. — That part of the opinion which holds it was error to sustain general demurrers to the answers, wherein facts are alleged sufficient to constitute a defense to the complaint, and that the judgment appealed from should be reversed, is sound and I concur in it.

Although the parties have, in this ease, referred to and treated Wayne v. Marquardt, 54 Ida. 211, 30 Pac. (2d) 369, as an appeal from a judgment, the fact must not be lost sight of that, as in the opinion- in that case stated, it was an appeal from an order denying a motion for a new trial, which order was…