Dell v. Kugel

Quillian, Judge.

Headnote 1 requires no elaboration.

The merit of the exception to the judgment rendered in the plaintiffs’ favor involves the solution of the questions: (a) did the petition as originally drawn set forth a cause upon which the judgment could be legally entered; (b) was the petition subject to the general demurrers filed by the defendant or to special demurrers that effectively attacked any of its averments material to the plaintiff’s right to the sums recovered; (c) did the answer of either defendant or the cross-bill of the defendant Swims, Williams & Bray Construction Company…