Wright v. Thompson

— Plaintiff Wright filed his petition against defendant Thompson for declaratory judgment under rules 261 to 269, Rules of Civil Procedure. The trial court sustained defendant’s motions to dismiss the petition and to strike the amended and substituted petition filed pursuant to permission from the court. From judgment accordingly plaintiff has appealed.

No question is raised as to finality of the judgment for purposes of appeal under rule 331, R. C. P. Nor does defendant question plaintiff’s right, under 331(b), to a review upon this appeal of the ruling dismissing the original petition.…