State ex rel. Harrington's Administrator v. Pohlman

The trial court sustained a demurrer to the plaintiff’s second amended petition, *445and rendered judgment in favor of the defendants and against the plaintiff for treble costs under the following provision of the Revised Statutes of 1889:

Section 2068. “If a third petition, answer or reply be filed and adjudged insufficient as above, or the whole or some part thereof be stricken out, the party filing such pleading shall pay treble costs; and no further petition, answer or reply shall be filed, but judgment shall be rendered.”

•Preceding sections of the statute refer to an adjudication of…