Moore v. Curtzweiler

The sole issue before this court is whether the petition, construed most strongly in favor of the plaintiff, states facts which show a cause of action.

This is so because the defendant demurred “to the petition of the plaintiff * * * and for grounds therefor says that said petition does not state facts which show a cause of action,” and because Section 2309.09, Revised Code, provides:

“The demurrer shall specify the grounds of objection to the petition. Unless it does so, it shall be regarded as objecting only that the court has no jurisdiction of the subject of the action, or that the petition…