Bigelow v. Brumley

The solution of the important substantive questions presented in this case has been complicated by the unexplained and unsatisfactory state of the record. Throughout these proceedings the only one of the twelve individuals named as defendants who has apparently taken any action has been the defendant Clement O. Miniger. He alone filed a demurrer to the original and amended petitions in the Court of Common Pleas, and he alone appealed from the decision of the Court of Appeals to this court. The parties and the courts below, however, seem to have treated the case as though the rights of all the…