Nelson v. American Employers' Insurance

Appeal from Order No. 1.

After we returned the record to the trial court the defendants found reasons involving New Mexican law which might have been, but were not, submitted when they were here on the question of the alleged insufficiency of the complaint to state a cause of action. Thereupon they again demurred to the complaint on the same ground. The learned trial court, William F. Shaughnessy, circuit judge, overruled the demurrer by order dated March 12, 1951. Defendants appealed from this on February 8, 1952.

The learned trial court’s order was clearly correct. Successive demurrers on the…