Poe v. Canton-Mansfield Dry Goods Co.

This case is before this court in an error proceeding, for consideration of the ruling of the common pleas court on demurrer to the petition, raising the question whether the petition states facts sufficient to constitute a cause of action.

The effect of the demurrer is to deny the legal sufficiency of the petition, and raise issues of law upon the facts stated therein. The demurrer admits not only what is expressly alleged, but also whatever can be implied as fair and reasonable intendment from the allegations made.

The petition in this case is as follows:

“1. Comes now the plaintiff and for…