Carney v. Simmonds

J. In this case plaintiff commenced an action which she entitled one for the partition of real property against defendants. Defendants’ demurrer was overruled and plaintiff filed an amended complaint. No demurrer was filed to the amended complaint; it was answered, defendants claiming among other things that it did not state a cause of action. When it came on for trial defendants moved for a “judgment on the pleadings” on the ground that the amended complaint failed to state a cause of action in that it purported to attack a decree assigning the entire estate to a widow on the ground of…