Hopkins v. Quinn

Franklin, C.

— Appellee sued appellant on a claim against the estate of John Ward, deceased. A demurrer to the complaint was overruled, and an answer of set-off was filed, to which a demurrer was sustained. There was a trial by jury, verdict for the plaintiff, and judgment rendered upon the verdict. The errors complained of are the overruling of the demurrer to the complaint, and the sustaining of the demurrer -to the answer.

*224The complaint is as follows:

“ Comes now said plaintiff and complains of said defendant, and says that the defendant’s decedent departed this life on the — day of December,…