Hersh v. Miller

This action was commenced in the district court for Douglas County by William M. Hersh against Mildred K. Miller. Defendant’s demurrer to plaintiff’s second amended petition was sustained by the trial court. Plaintiff elected to stand on his second amended petition, whereupon the case was dismissed. Plaintiff then filed a motion for new trial and has taken this appeal from the overruling thereof.

The question presented by this appeal is, does appellant’s second amended petition state a cause of action against the appellee? Insofar as here material, the appellant in his second amended petition,…