Andrews v. Andrews

On account of the novelty of the question involved in this appeal, we have set out in full both the complaint and the demurrer. The assignment of error raises the question whether the complaint states a cause of action. If it does, the judgment must be reversed. If it fails, the judgment must be affirmed. The question of proof does not arise at this stage of the proceeding. We are concerned with allegation alone. Does the complaint allege enough facts to entitle the plaintiffs to go to the jury if they prove all they allege?

Some of the salient facts alleged are: The defendant in 1949…