Buxbaum v. McCorley

Plaintiffs, appellants, sued in ejectment to recover a small strip of land, of about three acres. To the complaint the defendants at first entered the plea of “not guilty.” By leave of the court, the plea was withdrawn, and defendant demurred to the complaint, for indefiniteness in the description of the land. ' The court sustained the demurrer, and plaintiff amended the complaint.

There was no error in allowing the defendant to withdraw his plea of “not guilty” and filing a demurrer. The original complaint was defective in the matter to which the demurrer was directed, and the court did not…