Looney v. Bruin Oil Corporation

Plaintiff, W. R. Looney, as trustee in bankruptcy of C. D. Gold and J. B. Keaton, sued to recover from defendant, Bruin Oil Corporation, money claimed to be due the bankrupts on salary prior to their adjudication as such. From a judgment sustaining the demurrer of defendant to plaintiff’s evidence and entering judgment for the defendant, plaintiff appeals.

1. At the outset we are faced with the question as to the duty of the court in passing upon the defendant’s demurrer to plaintiff’s evidence and in rendering judgment for the defendant without requiring the defendant to introduce any…