Whitehurst v. Del-Cook Timber Co.

Head, Justice.

The brief of counsel for the petitioner (plaintiff in error in this court) states that the issues of law to be determined are: “(1) Did the petition allege such lack of mental capacity upon the part of the plaintiff as would withstand a general demurrer? and (2) Did the plaintiff make such allegations with respect to tender as would withstand a general demurrer?”

These questions and the entire brief of counsel are pertinent to the allegations of count 2 of the petition, and have no relation to the allegations of count 1. While count 1 as amended is in the name of the petitioner…