Small v. Peacock

Per Curiam.

A petition must plainly and distinctly set forth a cause of action against a defendant. The petition in this case fails to set out any cause of action in favor of the plaintiff against the defendant Small. It follows that the judge erred in overruling the demurrer filed by that defendant.

Judgment reversed.

All the Justices concur, except Beck, P. J., and Gilbert, J., who dissent.