Kelly v. Gross

This suit was brought by the plaintiffs in error, Ben H. Kelly, H. Sim Kelly, and W. S. Ethridge, against Joe Gross •and Sue Gross. General and special exceptions to the petition were sustained. The plaintiffs declining to amend, their suit was dismissed.

The petition is wanting in- proper certainty and clearness, but such defects cannot be reached by general demurrer. These are but defects of form and do not deprive the plaintiffs in error of the right of reversal if the general demurrer was improperly sustained.

The material facts alleged in the amended original petition may be summarized as…