Legal Opinion

Franklin Holding Corp. v. Cavalier Enterprises, Inc.

Richmond County Circuit Court

Decided July 3, 1974No. Case No. E.F. 75-334Published

1Opinion of the Court

By JUDGE A. CHRISTIAN COMPTON

Enclosed you will find a copy of the order entered today overruling the demurrer of the defendants Buck and Nelson. Because the case is set for trial on July 18, the court proceeded to rule on the demurrer without affording Mr. Henderson the opportunity to respond to Mr. Price’s letter of June 27 inasmuch as the defendants’ position was fully argued orally on June 17.

The sole issue raised by the demurrer is whether, in this action of unlawful detainer which seeks recovery of possession of the premises, rents and damages, the demurrants are proper parties defendant.

2Cases cited2 opinions

  1. Bankers Pocahontas Coal Co. v. Monarch Smokeless Coal Co.West Virginia Supreme Court · 1941
  2. Euler v. KesslerSupreme Court of Kansas · 1942

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