Amick v. Montross

The plaintiff in his petition, consisting of five counts, asks damages for slander. He alleges therein that he has pleaded in the alternative Counts 1 and 2, and also Counts 3 and 4, as a matter of conforming to the proof, as it may be offered. At the close of the plaintiff’s evidence, he elected, as between Counts 3 and 4, to stand on Count 3, and as between Counts 1 and 2, to stand on Count 2. Upon motion, the court withdrew from the consideration of the jury Count 3; and as to this action by the court, no complaint is made. Upon separate motion, the court also withdrew from the…