Newberry v. Terrell Land Co.

Luke, J.,

dissenting. I do not question that part, of the ruling of this court in this ease to the effect that “a demurrer going to the whole bill should be overruled if any part thereof be sustainable.” In my opinion, however, in this ease there is no part or paragraph of the petition which sets forth a cause of action. Having this view, I do not think that it was error for the court to sustain the demurrer and dismiss the plaintiff’s suit.