Conway v. Gooden Bros.

*398OPINION

By FUNK, J.

Plaintiff, in his argument and brief, fails to recognize the well-established rule that the admissions arising from a demurrer are in no sense to be regarded as evidence, as the demurrer merely denies the legal sufficiency of the facts pleaded, and the facts are admitted solely for the purpose of testing their sufficiency in law; and he fails also to recognize another well-established rule that, when the demurrer has been ruled upon, the ruling is only a judicial determination of the legal sufficiency of the facts pleaded, and that the implied admissions have then served…