Breedlove v. Bundy

Franklin, C.

The error complained of in this court is that the court in general term erred in affirming the judgment of the special term.

The errors assigned in the general term were:

1st. Overruling the separate demurrer of appellant Breed-love to the complaint.

2d. Overruling the separate demurrer of appellant McClellan to the complaint.

3d. Overruling the motion of Breedlove and McClellan for a new trial.

The sufficiency of the complaint is first presented, which reads substantially as follows: That appellants, Breedlove and McClellan, together with their co-defendants, Gossett and Gause, on the…