Neuvert v. Woodman

The opinion of the court was delivered by

Parker, C. J.:

This is an appeal from an order striking an amended petition from the files.

The facts necessary to a proper understanding of the controversy between the parties, as well as those essential to a proper disposition of the appellate issues involved, are not in dispute and appear from the pleadings and motions, the contents of which should be set forth at length.

Plaintiff, D. G. Neuvert, commenced the action by filing a pe- ' tition against defendants, K. T. Woodman and D. J. Iannitti. Omitting averments, relating to identity of the parties,…