City of Marianna v. Gray

Whether the trial court correctly overruled appellants’ demurrer to appellee’s amended complaint is the question presented. We have concluded that the court erred in refusing to sustain the demurrer.

It appears that this is the second appeal in this case, City of Marianna v. Gray, 220 Ark. 468, 248 S. W. 2d 379. On the former appeal, we held that the trial court erred in overruling the demurrer. On remand, appellee amended his complaint. Appellants, as on the former appeal, demurred on the ground that appellee had again failed to state a cause of action. As indicated, the trial court overruled…