City of Newport v. Rawlings

Opinion op the Court by

Judge Fulton

Affirming in part and reversing in part.

This appeal is from a judgment dismissing the petition of the City of Newport filed against the appellees after a demurrer was sustained. The consideration of the appeal is somewhat involved owing to the fact that originally the demurrer to the petition was overruled, followed by the filing of an answer, and the arguments in the brief are devoted in part to the. question whether or not the answer presented a defense and appellees in their argument that the petition failed to state a cause of action seek, in a manner,…