State ex rel. Bruestle v. Rich

This cause has been submitted to this court on the demurrer of the relator to the answer of respondents. Since the demurrer searches the record, if no cause of action is stated in the petition, then a judgment will be required dismissing the petition. The judgment to be rendered will therefore depend upon whether the petition states a cause of action, and, *20if it does, whether the answer alleges facts which constitute a defense to that cause of action.

The intervening petitioners contend that this “action * * * is at best an amicable action * * * and * * * the prior acts of * * * respondents in…