Burnette v. Elliott

*625The opinion of the court was delivered by

Johnston, C. J.:

The legal sufficiency of a petition filed by Cleo D. Burnette, alleging wrongful conduct on the part of Charles E. Elliott as against Burnette, was the question determined against the plaintiff by the district court, and which is now submitted to this court on review. Instead of raising the question upon a demurrer to the pleading, it was done by an objection to the introduction of evidence, after the opening statement had been made by counsel for the plaintiff. The objection was sustained, the jury discharged, and a judgment of…