Heim v. Deshler-Wallick Hotel Co.

OPINION

By HORNBÉCK, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court dismissing the 5th amended petition of the plaintiff. The action of dismissal followed the sustaining of a motion to strike certain matter from the 5th amended petition which had been sustained, and the court provided that if it was desired to file another petition leave of court first be obtained. Defendant objected and excepted to this procedure and thereupon the court considered the motion as a demurrer, sustained it and defendant, electing to plead no further, the petition was dismissed.

Th…