Ewing v. Rourke

The appellant commenced a suit in the circuit court for the county of Umatilla, by filing a complaint therein, and the issuance and service of summons. The respondent appeared and filed a demurrer to the complaint, whicli the court sustained; and thereupon the appellant, by leave of the court, filed an amended complaint, to which the respondent also demurred, and the court sustained the demurrer. The appellant having failed to take further proceedings in the suit, the court dismissed the complaint and gave costs against him.

The appieal is really from the decision upon the demurrer to the…