Weade v. Washington (City)

DECISION ON PLAINTIFF’S DEMURRER TO SECOND PARAGRAPH OF DEFENDANT’S SECOND AMENDED ANSWER.

OPINION

By CASE, J.

This cause comes before the court upon Plaintiff’s demurrer to the second paragraph of Defendant’s second amended answer.

Since it is a fundamental and established rule of law that such a demurrer searches the record (31 O. Jur., Pleading, Secs. 202 and 203, at pages 781 through 785), the court deems it suitable to quote from said pleadings as hereinafter set forth.

Plaintiff’s petition reads as follows:

“Plaintiff is an individual; defendant is a municipal corporation organized and…