Ford Lumber & Manufacturing Co. v. Burt & Brabb Lumber Co.

Opinion of the Court by

Chief Justice Hobson—

Beversing.

The Ford Lumber and Manufacturing Company brought this suit against the Burt and Brabb Lumber Company on August 25, 1903. On September 28, 1903, the defendant moved the court to strike from the petition certain allegations contained in it. The case was set for trial at that term but was continued generally. Similar orders were made until September 29,1911, when this order was entered:

“The court being advised upon the defendants demurrer to the plaintiffs petition, it is ordered that said demurrer be, and it is sustained. The plaintiff…