Geiselman v. Wise

The single, decisive question requiring the consideration of the court is presented by the first ground of the demurrer challenging the sufficiency of the operative facts alleged. In other words, conceding the truth of the somewhat meager factual allegations in the plaintiff’s amended petition, is a cause of action stated?

A study of the plaintiff’s briefs discloses that he relies chiefly upon the decision of the Court of Appeals of Monroe county in the case of State, ex rel. Fulton, v. Loar. In so doing he apparently has overlooked the fact that the questioned conveyance in that case was…