Brush v. Rountree

LAWSON, Justice.

The petition for certiorari challenges the conclusion of the Court of Appeals in the following respects: '

“(1) That the Court of Appeals erred in not reversing the Circuit Court for failing to sustain petitioners’ (defendants below) demurrers to Count One of the complaint, which the Circuit Court judgment was based upon, as shown by the finding" of facts.

“(2) The Court of Appeals erred in allowing the judgment of the Circuit Court to stand because same could not, under the evidence, be based on Counts (sic) Two and Three of the complaint, the same not being sustained by the…