Drummond v. Drummond

The suit is for damages for death by wrongful act, brought under the Homicide Act. Code 1907, § 2486.

The complaint was amended by substituting new counts for the original counts, thus eliminating the original. Any ruling adverse to defendant on the original counts is immaterial.

The third count charges that the defendant “wrongfully caused the death of * * * plaintiff’s intestate, by wrongfully shooting him with a pistol.” The fourth count charges the same, adding that “as a proximate consequence of which wrongful shooting plaintiff’s intestate died.” Both counts are good and not subject to…