Davis v. Byrd

— This is a proceeding by injunction, the purpose of which is to restrain and permanently enjoin defendants from prospecting, mining and removing mineral ore from certain tracts of land. To plaintiff’s petition defendants Byrd, Smith, Long and Richards filed their general demurrer for the reason “that said petition does not state facts sufficient to constitute a cause of action.” The demurrer was .sustained by the court and plaintiff, electing to.stand on his petition, refused to plead" further. Whereupon, the court dismissed the cause and plaintiff duly appeals.

Since the sufficiency of the…