Goldman v. Home Mutual Insurance Companies

The principal issue is, Does the complaint state facts sufficient to constitute a cause of action ?

The rules for testing a complaint upon demurrer on this ground, so often stated they need no citation, are: (1) Facts alleged are assumed to be true; (2) the complaint is to be liberally construed and given the benefit of every reasonable inference; and (3) if the complaint states any cause of action the demurrer must be overruled.

This complaint suggests two possible causes of action, one for attorney’s fees under statutory lien sec. 256.36, and the other for damages for interference with…