
    SEIBERT, Recr v HERRING
    Ohio Supreme Court
    No 21536.
    Decided June 5, 1929
   Syllabus by

ALLEN, J

PLEADINGS — Trial (590 E3h)

(440 D) The admission arising from a demurrer is not to be regarded as evidence or considered as equivalent to evidence. It merely denies the legal sufficiency of the facts alleged, and hence such facts áre admitted solely for the purpose of testing their sufficiency in law.

Marshall, CJ, Kinkade, Matthias and, Day, JJ, concur. Robinson and' Jones, JJ, concur in the syllabus, but dissent from the judgment.  