Holland v. Lutz

The opinion of the court was delivered by

Fontron, J.:

This is an appeal from an order overruling the defendants’ demurrer to the plaintiff’s petition. The demurrer set forth two grounds: (1) That the petition fails to state facts sufficient to constitute a cause of action, and (2) misjoinder of causes of action. However, the defendants (appellants) now rely solely on the first ground of their demurrer and, in this opinion, we shall confine ourselves to that point.

In substance, the petition alleges that the defendants, Buford J. Lutz and Norman E. Gaar, were, respectively, the duly elected,…