Graber Ex Rel. Estate of Graber v. Bontrager

Morris, J,

This is an appeal by the defendant, Levi Bontrager, as administrator of the estate of J. J. Graber, deceased, from an order of the district court overruling the defendant’s demurrer to the complaint. The demurrer attacks the sufficiency of the complaint upon the grounds that the court has no jurisdiction of the subject matter of the action and that the complaint does not state facts sufficient to constitute a cause of action.

The facts set forth in the complaint, which bear upon the points in controversy presented by this appeal, may be summarized as follows: In 1921 M. M. Yoder was…