Nicholson v. Nicholson

The motion to dismiss can not be sustained. The petition in error was filed May 31, 1909. Rule 4 provides that after May 29, 1909, a party seeking a reversal of a decision rendered prior thereto may avail himself of so much of the old or new procedure as may be necessary to preserve his right of review.

It was error to sustain the demurrer to the petition. The inconsistent averments might have been stricken out on motion, but furnish no grounds for sustaining the demurrer, if by rejecting them a cause of action appears to be stated. It is conceded that a mistake as to the law of another state…