Johnson v. Steward

HALLEY, Vice Chief Justice.

The reference herein to the parties in this appeal is as they appeared in the district court.

A demurrer was sustained, without prejudice, to plaintiffs’ petition for failure to state a cause of action. Plaintiffs contend a liberal construction of the allegations of their petition shows a cause of action stated therein, and the fact that equity powers may need be exercised by the court by requiring an accounting to wind up partnership affairs preliminary or incidental to adjudication of an action in law constitutes no barrier because actions at law and suits in…