Withers v. Rockland Mines Co.

OPINION

By the Court,

Taber, J.:

In November 1936 appellant, as plaintiff, filed his complaint in this action in the First judicial district court, Lyon County. Respondent, defendant in the district court, demurred to the complaint upon two grounds: First, that it does not state facts sufficient to constitute a cause of action; second, that plaintiff has not legal capacity to sue. The demurrer was sustained on both grounds. Plaintiff elected to stand on his complaint, and his action was dismissed.

In the caption of the complaint plaintiff is designated “T. L. Withers, trustee.” The body of the…