State Ex Rel. Ledwell v. Proctor

The demurrer interposed in the court below was properly overruled. It fails to point out any defect in the complaint which would entitle the defendant to a dismissal of the action.

In this Court the defendant interposed a demurrer ore tenus for that it appears upon the face of the complaint that it fails to state or set out a cause of action or to state or set out facts sufficient to constitute a cause of action. This demurrer was reduced to writing and points out in detail the alleged deficiencies in the complaint, in substance as follows ; for that it is not alleged: (1) that the returns…