Scholl v. Margulis

Opinion of the Court by

Judge Sampson

Affirming.

A general demurrer was sustained to the petition of Mrs. Scholl, seeking damages against appellee, Margulis, and when she failed to amend or further plead the court dismissed her cause. Later her motion to file an amended petition was overruled, and this appeal results.

The material averments of the petition to which the general demurrer was sustained, read:

“On or about September 6, 1923, the defendant, Sam Margulis, trading as M. Margulis, operated a store at the intersection of Preston and Breckinridge streets, in the city of Louisville,…