Estes v. Brewster Cigar Co.

The appellant, Estes, instituted the present action against the respondents Brewster Cigar Co., Inc., and M. Gr. Daymude, and the defendant Clarence E. Failing, to recover for personal injuries. To the second amended complaint of the appellant, the respondents interposed a demurrer, based upon three of the statutory grounds, namely: (1) That there is a defect of parties defendant; (2) that several causes of action have been improperly united; and (3) that the complaint does not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer, whereupon the…