111 F. 692 | 8th Cir. | 1901
This case was decided in the lower court on a demurrer to the complaint, which was pronounced insufficient, and a judgment was rendered in favor of Oliver W. Mink and Thomas P. Wilson, receivers, who were the defendants below. The sole question presented by the record is whether the complaint which was filed by Joseph H. Reynolds against the receivers stated a cause of action. The complaint was, in substance, as follows;
After reading the complaint and examining the short brief with which we have .been favored by learned counsel for the defendants in error, we have been unable to discover any defect in the complaint which would warrant us in holding the same to be insufficient. It clearly states and describes acts of negligence committed by the employés of the receivers, and injuries sustained by the plaintiff in consequence of such acts, which, if proven on the trial, would entitle the plaintiff to a judgment. We are of opinion, therefore, that the lower court erred in sustaining a general demurrer to the complaint, based on the ground that it failed to aver facts sufficient to constitute a cause of action.
The judgment below is accordingly reversed, and the cause is remanded to^ the circuit court, with directions to enter an order overruling the demurrer 'and requiring the defendants to answer the complaint. ■ ■ .