Evans v. Dickey

1. .On general demurrer the allegations of the petition will be construed most strongly against the pleader, and allegations of matters vitally essential to set up a good cause of action will not be implied from the pleading, but must be distinctly made therein. Where a petition was brought by the wife of a tenant against an executor of an estate in his representative capacity, in which it was. alleged that the plaintiff’s husband rented certain premises from the executor, and was injured by reason of the defective condition of the premises, that the executor was notified of such condition of…