Collins v. Philadelphia Oil Co.

MEREDITH, PRESIDENT :

Upon defendants’ demurrer to- plaintiff’s declaration and each count thereof, the circuit court overruled the demurrer to the first and second counts, but sustained it as to the third count and dismissed plaintiff’s action as to it. The order shows no- consideration of the demurrer to the declaration as a whole, we are therefore not concerned with it. Posten v. B. & O. Railroad Company, 93 W. Va. 612, 117 S. E. 491. The question of misjoinder of counts argued by defendants’ counsel is thus disposed of. The dismissal of plaintiff’s action on his third count concludes the…