Faure

Appellant Drollinger complains of many things in connection with the judgment of the lower court—his first contention being that his general demurrer to plaintiff’s complaint was overruled when it should have been sustained. He bases that conclusion on the premise that plaintiff intended to set up an alleged cause of action in claim and delivery, and he points out that in such an action possession in the defendant of the subject matter is both a proper as well as a necessary allegation in the complaint—which allegation, it is conceded by plaintiff, is altogether lacking. But plaintiff states in effect that he had no intention of setting up a claim and delivery action • that all he attempted to do, and in fact all he did, was to conform to the code rule of making “a statement of the facts constituting the cause of action in ordinary and concise language,” together with a demand for the relief which he is claimed.

The only question, then, for this court to consider in that connection is whether the complaint states facts sufficient to constitute a cause of action as against appellant Drollinger. So far as defendant Drollinger is concerned (outside of certain admitted facts to be…