Orcutt v. Hausmer

OPINION

By LLOYD, J.

Hausmer filed a motion in this court to dismiss the petition in error for the reason that the action of the Court of Common Pleas in “striking out certain matters in the answer of the defendant below is not a final order” and “for the' further reason s * •' that plaintiff in error 'never asked the court for leave to amend her petition.” It is apparent that this m°tt°n should bo overruled.

The judgment for'costs rendered on the sustaining' of the demurrer to the cross-petition of Orcutt was a final order and the cross-petition certainly states a good' cause of action. It…