Faure v. Drollinger

Appellant Drollinger complains of many things in connection with the judgment of the lower court—his first contention being that his general demurrer to plaintiff’s complaint was overruled when it should have been sustained. He bases that conclusion on the premise that plaintiff intended to set up an alleged cause of action in claim and delivery, and he points out that in such an action possession in the defendant of the subject matter is both a proper as well as a necessary allegation in the complaint—which allegation, it is conceded by plaintiff, is altogether lacking. But plaintiff states…