Gloss v. Jacobs

The only question before this court is, did the court err in dismissing the plaintiff’s declaration as amended because the same was duplicitous in that it contained in one count more than one cause of action? Whether the declaration otherwise sets forth a cause of action or whether any of the other grounds of special demurrer are well taken is not up for consideration. The court dismissed the petition because the plaintiff’s declaration as amended showed separate and distinct causes of action. This is true, it is contended, because in one count damages are sought for the alleged ■ wilful and…