Bayless v. Glenn

— The complaint of appellees sought judgment ' upon a promissory note executed by the appellants, and a decree foreclosing a mortgage by which the note was secured. A demurrer was sustained to the third 'paragraph of the answer, and appellants insist that this ruling was erroneous, not because the answer was good, but because the complaint was bad. Not a word is offered in defence of the answer, but the argument is, that as the complaint was bad the court ought to have carried the demurrer back and applied it to the complaint.

It is insisted that the complaint is bad, because it does not show…