Territory ex rel. Holloway v. Hustace

OPINION OF THE COURT BY

HARTWELL, C.J.

This is an appeal from a decree sustaining defendants’ demurrer and dismissing the plaintiff’s bill. The demurrer that the bill is uncertain and does not state facts sufficient to constitute “a cause of action,” is general in its nature, to be treated as a demurrer for want of equity. Love v. Commissioners, 64 N. C. 706; Chesney v. Lodgers, 1 Heiskell (Tenn.) 239; 1 Beach, Eq. Pr., 271; 1 Daniell, Ch. Pr. 5 ed., 586. We therefore do not pass upon the defect suggested in argument, namely, that acts or conduct are not specified which constitute dedication of…