Jacobs v. State Highway Commission

Winboene, C.J.:

The sole question presented for decision is whether or not the lower court erred in sustaining the respondent’s demurrer ore tenus. The question thus presented involves a question of pleading which has been the subject of many decisions of this Court.

The office of a demurrer is to test the sufficiency of a pleading, ad mitting, for the -purpose, the truth of factual averments well stated and such relevant inferences of fact as may be deduced therefrom. Furthermore, pleadings challenged by a demurrer are to be construed liberally with a view to substantial justice between the…