SPENCER, Justice.
Plaintiff filed this action against Richard Mayberry and Norma Richardson Mayberry, doing business as Oasis Tavern and Cocktail Lounge, for damages as a result of an assault and battery committed by Richard Mayberry. Richard Mayberry failed to answer or otherwise plead, and his default was entered. Norma Richardson Mayberry filed a general demurrer which was sustained. After the action was dismissed as to her, plaintiff perfected this appeal.
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