221 P. 1098 | Utah | 1923
The district court of Millard county sustained a demurrer to plaintiff’s complaint, and, plaintiff electing to stand upon his complaint, judgment was entered dismissing the action. From that judgment this appeal is prosecuted.
The court sustained the demurrer on the ground that the complaint failed to state facts sufficient to entitle plaintiff to any relief; in other words, failed to state a cause of action. The statements contained in the complaint in this action are in effect the same as the allegations contained in the affirmative answer of Franklin Leon Robison in an action filed in the district court of Millard county by the Fillmore Commercial & Savings Bank (defendant here) against James Kelly, as guardian of the estate of Franklin Leon Robison, a minor, defendant. The minor, Franklin Leon Robison, obtained his majority pending that, action, and filed his individual answer therein. This qourt, in a recent opinion, held that
