B. Roth Tool Co. v. Champ Spring Co.

(after stating the facts). — ■ Counsel have made twenty-three assignments of error, which assignments they have discussed under twenty-four distinct heads. Grouping these, they may be said to cover eleven propositions. The first covers the refusal *24of the trial court to dismiss plaintiff’s case, defendant claiming that as parts of three amended petitions had been stricken out, plaintiff was out of court, and that the former decision of this court on this point is in conflict with a later decision of the Supreme Court. The second, being points three, four and five, is devoted to an argument of…