Morrell v. City of Phoenix

CUNNINGHAM, J.,

Dissenting.—I am unable to concur in the order of the majority of the court affirming the judg*518ment sustaining the general demurrer to the eomplaint. Briefly, I will state some of the reasons that influence my dissent.

Paragraph 468, Civil Code of 1913, provides:

“The defendant may demur to the eomplaint when it appears upon the face thereof, either: ... (6) That the complaint does not state facts sufficient to constitute a cause of action.”

The demurrer filed by the defendant is as follows:

“Comes now the defendant . . . and demurs to the plaintiff’s complaint filed herein, for the…