Sams v. Kern

Appellant’s action is for the possession of real estate and damages for its wrongful detention. Appellee filed an answer and also a pleading which is denominated a cross-complaint for damages, based upon an assault and battery alleged to have occurred on a date subsequent to the date of the filing of the complaint.

Appellant filed his demurrer to appellee’s cross-action upon the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled, and this action is assigned as error.

Trial by jury resulted in a verdict against appellant on his complaint,…