Bosman v. Akeley

This case having been brought to a hearing in the court below on demurrer to two counts of the declaration, while an issue of fact upon other counts was pending, the court sustained the demurrer, and rendered final judgment for defendant on the .whole record. This judgment was probably an inadvertence, but we have no alternative but to reverse it with costs and remand the record for further proceedings.

There still remains on the record the question of law whether the court was right in sustaining the demurrer. The suit was brought on the guaranty by defendant of the collection of a note made…