Page v. Huddleston

Woods, Judge:

This cause comes here on certificate. One of the defendants, John C. Summers, demurred to the plaintiff's bill assigning as grounds of demurrer the fact that the circuit court of McDowell county .had no jurisdiction herein, but that the jurisdiction to distribute the estate of Joseph A. Huddleston, deceased, involved herein, was in the county court of McDowell county and not in said circuit court. The demurrer was overruled.

A question of pleading here presents itself. Chapter 125, Section 16, Code, provides that where the deélaration or bill shows on its face proper matter for…