Newman v. Sessions

Wyatt, Presiding Justice.

1. Ground three of the demurrers attacks count two of the petition upon the ground that it is a duplication of count one, and that both counts set out the same cause of action. It is not proper pleading to plead two counts that allege identical facts and seek identical relief. Such pleading tends to make the petition unnecessarily confusing and might well result in an injustice to the parties to the case. The demurrer raising this question was properly sustained.

2. Since, as ruled above, the second count of the petition was properly stricken, it is not necessary to…