Maki v. Frelk

On this appeal we are presented with a question arising solely on the pleadings. In 1965 Minnie Maki, as administrator of the estate of her deceased husband, filed a complaint under the Wrongful Death Act against Calvin Frelk in the circuit court of Kane County. The complaint is in three counts. Defendant answered as to the allegations of counts I and II, and moved to strike count III. The court granted the motion, striking count III for failing to state a cause of action. In its order the court recited that there was no just reason for delaying enforcement or appeal.

The plaintiff thereupon…