Martin v. Cochran

Lively, Judge:

Defendants demurred to plaintiffs’ summons in unlawful entry and detainer; the court overruled the demurrer and certified the questions arising under the demurrer and his action thereon, for review, to this court.

There are two grounds of demurrer: (1) that the summons does not show that defendants have not withheld the premises over three years prior to the institution of the action; (2) that the summons demands $150.00 as damages *433for the detention of the premises while chap. 89 of the Code under which the action is instituted does not provide for damages in such actions.

We have…