Kincaid v. Magowan

Opinion by

Judge Hargis:

This case was decided upon a motion to compel the plaintiffs to elect which cause of action and which of several defendants named in the three separate paragraphs of their petition they would prosecute, and upon a general and special demurrer interposed after plaintiffs’ election under protest to prosecute the second and third paragraphs. From the judgment compelling plaintiffs to elect and sustaining the general demurrer they appealed, and now present for our decision the questions of law determined by the judgment.

In each paragraph of the petition it is averred that…