Russ v. Kane

Holt, Justice.

A demurrer to the complaint was overruled. No leave to answer was given or asked. An affidavit of no answer being filed, judgment in favor of plaintiff was rendered, from which defendant appeals.

The only assignments of error are: (1) The court erred in overruling the demurrer; and (2) the court erred in entering judgment for $8.53. From the brief of defendant as well as from that of amicus curiae the only point raised is that the complaint fails to allege that plaintiff had the status of a constable when the services were rendered, and therefore he cannot recover though…