Bonnell v. B. & T. Metals Co.

OPINION

By THE COURT.

This appeal is on questions of law from the dismissal of the third amended petition of the plaintiff. The action of the Court was taken upon a motion of the defendant to strike the third amended petition from the flies, which the Court treated as a general demurrer and sustained. Plaintiff electing to plead no further, the third amended petition was dismissed.

The narrow question presented is whether or not the third amended petition states a cause of action, and it was in the main presented in the trial Court and here more particularly as applies to an equitable cause of…