Munger v. Beiderwell

'The opinion of the court was delivered by

Wedell, J.:

This was an action by a landlord against his tenant to recover damages for the destruction of a barn by fire. The trial court sustained defendant’s motion to strike certain portions of the seventh amended petition, and from that ruling plaintiff appeals.

Some of the same or similar allegations had been stricken from former petitions in response to other motions. No appeals were taken from such rulings, but we shall pass the effect of such rulings and the failure to appeal therefrom. Nor do we deem it necessary for present purposes to set…