Wright v. Trammell

The first and third headnotes do not require elaboration.

In the instant case the petition on demurrer must be construed most strongly against the petitioner. The sole specific prayer against the resident defendant McNesser was for damages, and, considered in connection with the prayer for general relief, neither one nor both was a prayer for substantial equitable relief against that defendant. As to him the suit was purely one at law, and did not involve any substantial equitable relief. Neither did the petition. allege a cause of action for substantial equitable relief against the resident…