Simms v. Tingle

A careful consideration of the wording of the Complaint in this case and review of the many authorities dealing with the question here under consideration leads me to a different conclusion than that reached by the majority.

First, attention is called to the well established rule that a Demurrer will be sustained to a Complaint which does not state a cause of action or to one that pleads only conclusions of the law. See: Civil Code Page 96, Section 109; Keith v. Freeman, et al, 43 Ark. 296; Southern Orchard Planting Company v. Gore, 83 Ark. 78, 102 S. W. 709; Pharr v. Knox, 145 Ark. 4, 223 S.…