Markos v. Cain

OPINION

By HARTER. J.

DEFENDANT’S DEMURRER TO PETITION — SUSTAINED.

As a preface to this opinion, this Branch of this Court wishes to have it distinctly understood that he is in no way passing upon the merits of this litigation; rather, we are now dealing solely with a problem of procedure. — It would, as we see it, be premature for us to attempt to decide the merits of this case on a “matter of law” basis.

The sole problem to which we are now directing our attention is whether plaintiff has adequately alleged in his petition in this case that he is “interested.”

The petition states “The plaintiff…