Spitler v. Montgomery Ward & Co.

OPINION

By MILLER, J.

This is an appeal on questions of law from the final order of the Court of Common Pleas, Franklin County, Ohio. The order sustained the motion of the defendant to strike the third amended petition from the flies for the reason that the same failed to state a cause of action. Upon the request of the plaintiff the Court treated defendant’s motion as a demurrer, sustained the same and the plaintiff not desiring to plead further judgment was rendered for the defendant. The Court did not err in treating the motion as a demurrer as we find this is permissible. Heim v.…