Myers

The cause is before us on rehearing. The following statement of the case is taken from the original opinion, written by Justice Hart, affirming the judgment:

In the petition for rehearing much stress is laid upon the erroneously assumed fact that in upholding the judgment “this court, in its opinion, considers matters entirely outside of the record. ’ ’ . Appellants wholly misconceive the grounds on which the decision is rested. While error was declared in overruling the demurrer, the decision was placed entirely upon well-settled rules of procedure where presumptions and intendments come into play in support of the judgment on appeals on the judgment-roll alone. It is with these presumptions and intendments in support of the judgment we are alone concerned, for appellants insist that no presumptions or intendments can deprive them of a right to a reversal of the judgment for the obvious imperfections of the complaint pointed out in their demurrer.

Referring to the demurrer interposed to the complaint: It may be conceded that the effect of the averments of the fourth amended complaint is improperly to unite a cause of action in favor of plaintiff personally with a cause of…