Jones v. Iverson

Appeal from Judgment—Notice—Certainty.—Where there is but one judgment appearing in the record upon appeal, a notice of appeal “from said judgment made and entered in said action in favor of the defendants and against the plaintiff” is not ineffectual for uncertainty, in failing to give the date of the judgment or other identification thereof.

Ejectment—Pleading—Complaint—Broad General and Special Demurrer.—Where the complaint, drawn by the plaintiff as a layman, appeáring in bis own behalf, states a cause of action ini ejectment which is not the subject of a special demurrer, though it contains numerous other irrelevant allegations which should be stricken out, and which are the proper subject of a demurrer especially addressed thereto, it is error to sustain a general and special demurrer to the entire complaint.

Id.—Proper Ruling on Demurrer.—The court should have overruled the general demurrer, and sustained the special demurrer only as to the objectionable parts of the complaint, which are obnoxious to the special demurrer, with leave to amend.

Id.—Special Demurrer.—A special demurrer should be directed to specific portions of the complaint, and the grounds thereof should he specifically pointed out.

Id.—Ambiguity.—If enough appears to make the pleading easy of comprehension and free from reasonable doubt, a demurrer on the ground of ambiguity should be overruled.