...for the respondent. Wilson f. Rochester and Syracuse Railroad Co. By the Court, GRIDLEY, J. This is a demurrer to the complaint, on the ground that it does " not set forth facts sufficient to constitute a cause of action." The action is brought for negligence of...

...marital rights. If the husband be joined as a plaintiff, in snch an action, the defendant may demur to the complaint, on the ground that it does not state a cause of action in favor of the husband ; and as to him, the complaint will be dismissed (Palmer agt. Davis, 28 JV....

...plaintiff asks judgment against the defendant for $231.75. The defendant demurs to the petition on the ground that it does not state a cause of action. The argument for defendant presents more specifically two grounds for the demurrer. The first is that there...

...Court. ( 108 SC January 7, 1918. The opinion of the Court was delivered by MR. CHIEF JUSTICE GARY. This is an appeal from an order sustaining a demurrer to the complaint, on the ground that : "It appears on the face of the complaint that it fails to state any cause of action for the...

...and a partition between these three alleged owners is asked for by the plaintiff. James F. demurs to the complaint on the ground that it does not state a cause of action in that the complaint shows on its face that James F. is the owner of the land in fee simple, absolute....

...delivery Is complete and liability attaches, though the agent wrongfully fails to deliver it. GARY, CJ This is an appeal from an order sustaining a demurrer...to the complaint, on •the ground that it does not state facts sufficient to constitute a cause of action — "in that it does not allege any contract,...

...has been tried, and, on appeal, a new trial ordered, the court will not, on such new trial, dismiss the complaint on the ground that it does not state a cause of action. In such case, when the answer alleges that the indebtedness referred to in the complaint accrued for...

...be proven under the original answer. Ibid. 7. An objection to receiving any evidence in support of a complaint, on, the ground that it does not state a cause of action, is in the nature of a demurrer ore tenus (Rothe v. Rothe, 81 Wis., 570), and upon such objection defendant...

...delay of his mother, which had been held to be laches on her part. That cause was also brought here by an appeal from an order sustaining a demurrer to the complaint. On that appeal, this court did not determine, or even consider, the question whether such delay of Mrs....

...alternative writ of mandate was issued, and thereupon defendant filed a demurrer to the petition, on the ground that it does not state a cause of action. The matter was argued and submitted for decision on the merits. The principal question is whether the plaintiff,...