Gibson v. Eller

This was an action instituted in the Circuit Court by Gibson, the appellant. The appellees, who were the defendants, demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. Their demurrer was sustained, and final judgment accordingly rendered, &c.

The following is the case made by the complaint:

Jacob Eller, in his lifetime, owned forty acres of land in St. Joseph county, upon which there was a large two-story building and outhouses, &c. These buildings were occupied by Eller and his family as a country tavern, were of more than…