Dixie Construction Co. v. McCauley

The complaint, fairly construed, is free from the fault of repug-nancy attributed to it by defendant’s (appellant’s) demurrer. The allegation that defendant’s agent “with force and arms broke and entered into plaintiff’s dwelling house, to wit, her room in the home of Mrs. J. E. Robinson,” etc., does not, for the purposes to be considered in this action of trespass, fail to show the necessary possession in plaintiff;' nor does the complaint fail to allege a wrong-, ful act on the part of defendant, or its agent. The allegations of the complaint are the allegations of ultimate facts, not…