Wright Contracting Co. v. Waller

We shall first consider case number 34950, Wright Contracting Company v. Waller.

The defendant in error moves for a dismissal of the writ of error on the ground that the plaintiff in error did not name his joint defendant below as defendant in error in his bill of exceptions. The motion is without merit. Each defendant filed separate demurrers to the petition as recast, not challenging the plaintiff’s right to any relief, but alleging that the petition did not state a cause of action as to the individual defendant so demurring. The defendants’ separate demurrers were overruled, and they except…