Kemp v. Folsom

The opinion of the court was delivered by

Dunbar, J.

The first error complained of by the appellant is the refusal of the lower court to sustain his objection to the introduction of testimony on account of the defective complaint, for the alleged reason that there was no allegation in the complaint which would show that the property in controversy was the separate property of the respondent. The allegation of the complaint is that the plaintiff is the owner and that the property is her sole and separate property. This, it is contended by the appellant, is a conclusion of law, and is not an…