Whitewater Railroad v. Bridgett

Bicknell, C. C.

The appellant brought this suit against the appellee to recover the value of a bay mare. The defendant demurred to each of the paragraphs of the complaint for want of facts sufficient to constitute a cause of action. The demurrers were overruled, and these rulings are assigned as errors. The points made are that neither of the paragraphs ■ alleges that the mare was killed in the county of Wayne, in which the suit was brought. Such a defect, although good ground for a demurrer for want of jurisdiction, is not available upon a demurrer for want of facts sufficient. Toledo, etc.,…