Drake v. Wayne

Clarence Wayne, as administrator of the estate of William Kerr, brought an action in two counts against A. T. Drake. Drake filed his answer, and demurred to the petition. Wayne demurred to the answer. The court overruled the demurrer to the petition, sustained the demurrer to the answer, and rendered judgment against the defendant for $5,000 principal, and $2,710 interest. Drake excepted. The correctness of the ruling on the demurrer is the controlling factor in the case.

Paragraph 3 of count 1 of the petition avers that the “defendant is indebted to petitioner as such administrator in the sum…