Humphrey
Bank of Commerce & Trust Co. v. Humphrey
Opinion
Lead Opinion
Thomas, J.
This is an 'appeal by the defendant Humphrey alone from a judgment of foreclosure entered in favor of plaintiff, a corporation, as administrator of the estate of Silas E. Gaskill, deceased, against all of the defendants on March 1, 1916.
To affirm the judgment without further comment wo¡uld. we believe, be highly proper. We shall, however, consider the appellant’s contentions to such an extent that he will be deprived of the opportunity—unless he departs from,the virtue we call truth—to say that this court has decided against him without reading the briefs.
The statement of the case is not borne out by the record. It has the earmarks of a willful attempt to mislead the court. We can hardly believe that the erroneous statements found therein are unintentional.
The first point made by- appellant is that the court erred in overruling his demurrer to plaintiff’s complaint, which, omitting the formal parts, is as follows: “1. That the plaintiff has not stated facts sufficient to constitute a cause of action against said defendants. 2. That the plaintiff has not stated facts sufficient to constitute a right to bring said action as administrator. 3. That the complaint does not show…