Davenport v. Witt

We can see no merit in that assignment of error taking the point that defendants’ demurrer to the several counts of the complaint should have been sustained. The action, both its original and final shape — an intervening amendment having been withdrawn — was against defendants, appellants, as executors, etc., and, as for the rest, was in Code form. Code, § 5382, p. 1195.

The claim in dispute arose out of the operation of a telephone line from Cedar Bluff, in Cherokee county, to Rome, Ga. Plaintiff, defendants’ testator, and others owned the line jointly. By agreement plaintiff operated the…