Stone v. Morgan

I am unable to agree with my associates in the conclusion reached, that the first paragraph of the complaint is insufficient, and in the reversal of the cause. After a most careful consideration of all the questions involved in this appeal, I am of the firm conviction that the judgment should be affirmed.

The holding of the majority that the first paragraph is bad on demurrer and that it was reversible error to overrule the demurrer to it, I regard as a radical departure from the established practice, as well as in con*51travention of the letter and the spirit of the statute regulating the…