Harrell v. Gardner

So far as this record shows the administratrix, the resident defendant, filed no demurrer to the petition. The appellant’s demurrer was general “on the ground that it fails to set forth a cause of action against this defendant.” Appellant contends that this is true for the reason that, being a nonresident, the court has no jurisdiction over him unless a cause of action is stated against the resident defendant, and that it fails to do so. Appellee contends that the demurrer fails to raise the question of whether a cause of action is set out against the administratrix, for which reason no…