Jackson v. Virginia Hot Springs Co.

McDOWELL, District Judge.

This is an action of trespass on the case against an innkeeper, brought by a proposing guest who was refused accommodation. The original declaration was demurred to for several reasons, but it has become unnecessary. to discuss any of the grounds of demurrer except the failure of the pleader to allege that the defendant at the time in question had room for the plaintiff.

[1] The general rule in common-law pleading is that it is not necessary to state matter which would come more properly from the other side. Heard’s Stephen PL (9th Am. Ed.) p. 349. It is also not…