Fay v. Reed

HAYNES, C.

Action to foreclose an assessment for street, improvements. A general demurrer to -the complaint was overruled, and the defendants answered. The court found that all the allegations of the complaint are true, and that all the allegations of the answer, except the allegation that defendant Reed is the owner of the lot sought to he charged, are untrue, and entered judgment for the plaintiffs, from which and from an order denying a new trial the defendants appeal. If the complaint does not state a cause of action its defects -are carried into the .findings, which, in such case, would…