McElroy v. Winfrey
McElroy v. Winfrey
Opinion of the Court
Opinion op the Court by
The demurrer to the answer brings up for judicial examination also the pleadings of the plaintiff, and if they are found wanting, the correction must be first made by him, who has committed the first error, for until all is right with him, his complaint of the errors of his adversaries shall not be heard.
Is the plaintiff’s statement of his own case sufficient to entitle him to the judgment he seeks ? We think not.
The note, or writing, which is the foundation of his action, is filed as a part of his petition, and by it, the appellants undertake
Case-law data current through December 31, 2025. Source: CourtListener bulk data.