Equitable Building & Loan Ass'n v. Brady

The court did not err in overruling the general demurrers to the two petitions. If the petitions set out a cause of action either for an equitable remedy or for a common-law remedy, the petition would not be dismissed, but the general demurrer would be overruled, and petitioners would be allowed to proceed for whatever remedies were available under the petition. Therefore, even if it be considered that under the allegations of the petitions the complainants were not entitled to the extraordinary remedies of a court of equity, that would furnish no just cause for dismissing the petitions.…