Desper v. Leiter

This is an appeal on questions of law from a judgment of the Common Pleas Court dismissing plaintiff’s petition after sustaining a demurrer thereto.

Plaintiff brought her action against the defendant for assault and battery, in which she alleged, inter alia:

“Plaintiff previously commenced the within cause of action by virtue of a petition filed in the within court on February 11, 1955, * * * upon which service of process was duly effected upon defendant. Said prior action failed other than upon the merits by virtue of an order of the within court, duly excepted to by plaintiff, which sustained…