Kiester v. Ehler

This is an appeal on questions of law from á judgment of the Court of Common Pleas of Darke County dismissing the plaintiffs’ amended petition after sustaining a demurrer thereto, and finding further that the amended petition was not susceptible of amendment to state a cause of action.

At the outset, and in view of arguments which suggest otherwise, it should be pointed out that the only question pre rented in this appeal is one of pleading, i. e., whether the plaintiffs’ amended petition states a canse of action. For this reason, the amended petition will be set forth in its entirety:

“Now…