Rogers v. Daniel

Opinion by

LOGSDON, C.

There is only one question presented by the record in this case, and that is whether the trial court erred as a matter of law in sustaining the demurrer to the petition of plaintiffs and dismissing the action as to the defendant Richard T. Daniel.

Both plaintiffs and defendants in their briefs agree that the question presented for determination here has never before arisen in this jurisdiction. It is, therefore, a question of first impression so far as this court is concerned, and the conclusion reached herein must be drawn from a construction of the applicable statutes of…