O'Malley v. Carrick

In this action the trial court made an order sustaining a demurrer to the complaint without' leave to amend, and from the judgment entered in favor of defendants pursuant to such order the plaintiff appeals.

In the first paragraph of the complaint it was alleged that James R. Garrick died intestate on January 9, 1923; that on February 8, 1923, one of the defendants above named was appointed administratrix of his estate, and that both defendants were his only heirs at law, and as such succeeded to his estate. In the second and concluding paragraph of the complaint it was alleged that “at the…