Hunter v. Tyner

THOMAS, J.:

The appeal was taken from a final judgment entered upon a demurrer to the third amended declaration when the appellant announced that he did not wish further to amend his pleading.

Before proceeding to a determination of such questions proposed by the appellant as we think it is proper for us to answer it may be well to give in brief the history of this litigation, prior to its introduction into the common-law court. It had its inception when a bill of complaint was filed in chancery by the appellant against the defendant' and two other persons, charging the commission of fraud by…