Baldwin v. Fenimore

The opinion of the court was delivered by

Thiele, J.:

This is an appeal from an order sustaining a demurrer to an amended petition.

In order that various contentions set forth in the briefs may be more easily understood, the history of the pleadings will be given in some detail. The plaintiffs are the trustees of the Missouri Pacific Railroad Company. The only defendant served with summons was John Fenimore, He and defendant Butler were engaged in business as Interurban Chat Company. We shall refer to the parties hereafter as the plaintiff and the defendant.

As originally filed on September 20,…