Supreme Court Of The Territory Of Dakota October 4, 1886 (Fideler v. Norton)

lead-opinion

Francis, J.

This is an appeal from the judgment of the district court sustaining a demurrer to the complaint .and dis*261missing the action. For a proper understanding of the points involved it is necessary to quote the complaint in full:

“COMPLAINT.

The plaintiffs in their complain^ state their cause of action as follows:

(1) That the above named John F. Norton and J.