McLaughlin v. Bascomb

36 Iowa 593

• Court: Supreme Court of Iowa
• Decided: June 16, 1873
• Status: Published

Opinion

Day, J.

— This is an action of slander To the petition the defendant demurred, as follows: “And now comes the defendant, James Baseom, and demurs to the plaintiff’s amended petition, for the reason that the matters therein stated and contained are not sufficient to cciñ'stitute a cause of action against him.” This demurrer was sustained, and plaintiff appeals.

We do not inquire whether the petition sets forth- a cause of action. The demurrer does not specify any ground of objection to the petition intended to be urged. It does not comply with-the provisions of section 2877 of the Revision. It should have been disregarded by the court. McKellar v. Stout, 13 Iowa, 487.

Reversed.