Kelsey v. Wagner, Supt.

OPINION

By THE COURT:

This is an appeal on questions of law from a judgment dismissing plaintiff’s second amended petition after the trial judge had sustained defendant’s demurrer to plaintiff’s second amended petition and plaintiff elected to plead no. further. The plaintiff's second amended petition consists of four causes of action.

There were four grounds of the demurrer each directed to all causes of action of the second amended petition—

1. Plaintiff’s want of capacity to sue.

2. The court has no jurisdiction of the person of the defendants.

3. The court has no jurisdiction of the subject…