Rees v. Emmons Coal Mining Co.

PoEEENBARGER, JUDGE:

The decree brought up for review by this appeal, as one settling the principles of the cause, is predicated, for the most part, on an amended bill to which a demurrer was interposed on the ground that the matter set up in it constituted a departure from the original bill and the further ground that such matter constituted a cause of action set up in an action of as-sumpsit previously instituted against the defendant and pending at the date of the amendment. Other incidental or collateral allegations thereof were relied upon as grounds of demurrer. There was also a demurrer…