Sedgwick v. Kirby Lumber Co.

This suit .was filed in the ..district court of Hardin County, Texas, by Owen Sedgwick against Kirby Lumber Company, a private corporation. The trial court sustained the general demurrer filed by the Kirby Lumber Company, and, on Sedgwick’s refusal to amend, dismissed the case. On appeal by Sedgwick this judgment was affirmed by the Court of Civil Appeals at Beaumont. 78 S. W. (2d) 1107. Sedgwick brings error. For convenience we shall hereafter refer to Sedgwick as plaintiff and to Kirby Lumber Company as the Lumber Company.

Plaintiff’s petition attempts to bring an action to review and set…