Morton v. Petitt

By the Court

(Kinkade, J.).

The parties will be referred to as they stood in the trial court.

The defendants, William C. Morton and others, filed a demurrer to the petition, based on two grounds: First, that the petition did not state a cause of action; and second, that the cause of action therein attempted to be stated was barred by the statute of limitations. The trial court sustained the demurrer on the first ground. The second ground was not urged, and is not now relied upon here. Plaintiff, Morton Petitt, not desiring to plead further, judgment was entered against him in the trial court.…