Bettner v. Holt

Foote, C.

Bettner brought an action against Holt for a libelous and unprivileged publication.

The complaint was demurred to as not stating facts sufficient to constitute a cause of action; the demurrer was sustained, and the plaintiff not having filed an amended complaint within the time allowed by the court, judgment for costs, etc., was given in favor of the defendant, from which the plaintiff has appealed.

The pleading which was on demurrer held insufficient is as follows:—

*271“The plaintiff for cause of action against the defendant alleges,—

“That the plaintiff and others, being at the time…