118 Ark. 427 | Ark. | 1915
(after stating the facts).
The demurrer alleged: First, that the facts stated by the defendants “commencing at the second paragraph and first page and ending on the fourth page thereof, stating as a justification of their trespass that the plaintiff was violating an ordinance of the city of Hot Springs, is not sufficient to constitute a defense,” etc. And, second, ‘ ‘ That the facts stated by the defendants in their second defense, beginning at the second paragraph on page four and ending at the third paragraph on page five, are not sufficient to constitute a defense, ’ ’ etc.
The answer being sufficient to challenge appellant to the proof of the -allegations of his complaint,. and appellant refusing to make such proof, the -court -did not err in overruling the demurrer and in dismissing appellant’s cause of ¡action -and rendering final judgment against him for costs.
Affirmed.