Byard v. Harkrider

The first error of which complaint is here made by appellant, the defendant below, is thus assigned upon the record of this cause: “ The court erred in overruling the demurrers to the first and second paragraphs of the complaint.”

Appellee’s complaint herein contained three paragraphs. Appellant’s assignment of error, however, only calls in question the sufficiency of the first and second paragraphs of the complaint. There was no demurrer below to the third paragraph of complaint, nor is its sufficiency challenged here by any assignment of error.

In the first paragraph of his complaint appellee…