Gause v. Peeler

SHERICK, PJ.

These are the essential averments of the petition that need be considered in the matter, and present the question whether or not the trial court properly sustained a demurrer to this petition. It appears that the court sustained this demurrer upon the authority of the case of Smith v Commissioners of Williams County, 10 C.C. (n.s.), 115, 19 C.D., 610, and also upon the authority of Burrell, Admr v Ohio Trartion Co., 7 N.P. (n.s.), 136, 19 O.D. (N.P.). 112. It will be noted that in both of these cases the county commissioners in their official capacity were the defendants, and we…