McQueen v. Wilson

I concur in the majority opinion by Judge Deen in this case except as hereinafter stated, and in the judgment of affirmance in part and reversal in part. I agree that it was error on the part of the trial court in sustaining the general demurrer to and in dismissing Count 1 of the petition, quite without regard to allowing in the order sustaining the general demurrer to Count 1 an opportunity for plaintiff to amend. Count 1 of plaintiff’s petition in its ad damnum allegation and prayer only sought a recovery for general damages and this was sufficient to authorize a recovery of general…