Byrd v. Byrd

Fox, Judge:

The circuit court of Wyoming County sustained a demurrer to the declaration in this action, and on its own motion certifies its ruling to this court.

The declaration filed by Lon F. Byrd, sheriff of Wyoming County, who sues at the relation of Elda Roberts, alleges that Enoch White, who was deceased at the time of the institution of the action, went upon the enclosed lands and premises of Roberts, without authority of law, armed with a pistol and revolver, and while thereon unlawfully shot the plaintiff, causing him great bodily injury, pain, and anguish. Lon F. Byrd, administrator…