Mizell v. Byington

(After stating the foregoing facts.) The only questions here presented are whether the petition set out a caiise of action against W. C. Byington, and whether it set out a cause of action against Laura E. Byington.

It is well settled that where a petition is attacked by a general demurrer, the demurrer admits as true all the facts set forth in the petition; and that the demurrer should be overruled if any part of the petition presents a cause of action against the named defendant. The instant petition, properly construed, presents an action 'in tort by the plaintiffs to recover damages…