JORDAN, Judge.
1. (a) The defendants demurred to count 1 of the petition on the ground that it did not set forth a cause of action for the reasons that (1) it was not alleged that the plaintiff's property had been damaged and (2) it affirmatively appeared from the allegations of the petition that the act of excavation on which said cause of action was based was not the act of the defendants but of a third person, Mrs. Ester Ram. These demurrers were meritorious and...
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