Russell v. Cox

ÁILSHIE, J.

This is an appeal from a judgment sustaining demurrer to plaintiff’s complaint and dismissing her action. The complaint alleges:

“That the plaintiff, Ruth Russell, is the mother, and the defendant, Marcus E. Cox, is the surviving husband of Lottie Melvina Cox, deceased; that the decedent died childless, and she was pre-deceased by her father; that the said plaintiff and the said defendant are all of the heirs at law of the said decedent.

“That the defendant, Marcus E. Cox, on or about the 16th of July, 1942, with force of arms, did wrongfully shoot and mortally wound the plaintiff’s…