Farnsworth v. Clarke

The opinion of the court was delivered by

Doster, C. J. :

This was an action in the nature of a creditor’s bill to subject real estate to the payment of a judgment. The case was tried to the court without a jury. At the conclusion of the evidence on behalf of the plaintiff a demurrer to it for failure to prove a cause of action was made and sustained. From the order sustaining the demurrer error has been prosecuted to this court. In practice demurrers to evidence in cases tried to the court are allowed the same as in cases tried to a jury, although the code provision as to such matter relates…