Mason v. McClain

LIVINGSTON, Chief Justice.

The cause was submitted in this court on appellee’s motion to dismiss the appeal, and on the merits.

The complaint, as last amended, contained four counts, and claimed damages of the defendant for wrongfully withholding, from plaintiff, the dead body of Henrietta Jones, the daughter of appellant.

Demurrer was sustained to the complaint and this appeal followed.

The judgment entry, in pertinent part, recites:

“March 16, 1959. The said demurrers being presented to the court and being heard and understood by the court, the said demurrers are by the court sustained.…