Latimer v. Lyon

This was an equitable suit praying for injunction, etc., to which the defendants filed general and special demurrers. Upon the conclusion of the hearing, the court held that as the petition showed “on its face an indebtedness admitted to be due to the defendant, and no offer being made to pay the same,” the general demurrer should be sustained; to which judgment the plaintiff excepted. The court did not err in this judgment. Whether there was an express admission of indebtedness by the plaintiff to the defendant or not, the facts set forth in the petition required the conclusion reached by…