Brown v. Jenks

Temple, C.

This appeal presents two questions: 1. Whether the court properly overruled defendant’s demurrer to plaintiff’s complaint. 2. Whether the court properly struck out a defense from the answer.

Respondent confesses error in striking out the defense, and Consents that the case be reversed on that ground. He says the point made by defendant on the demurrer is radical and important, and will be argued when the case is again here, in. such form as to require its determination. The question as to the correctness of this ruling is properly presented on this appeal from the judgment, and the…