Drake v. Murphy

The appellant filed his complaint against the appellees, to which they demurred, on the ground that it did not state facts sufficient to constitute a cause of action; the demurrer was sustained by the court, the plaintiff excepted, and final judgment was rendered for the defendants. The plaintiff appeals, and has assigned as error the sustaining of the demurrer.

The complaint states, that on the first day of February, 1869, Murphy, Johnson, and Holliday recovered a judgment in said court against Jacob W. Stratford, Thomas W. Stratford, James A. Franklin, Harvey Cox, Joseph Cooper, and John C.…