Herrman v. Babcock

In this case the appellees separately demurred-to the appellant’s complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrers were sustained by the court, and the appellant having failed to amend or plead further, judgment was rendered against him for appellees’ costs.

The plaintiff has appealed to. this court, and has here assigned as error the decision of the superior court in sustaining the separate demurrer of the appellee Elisha S. Babcock, Jr., to his complaint.

The appellant alleged in his complaint that on the 31st day of July, 1879,…