Sommer v. Nakdimen

THOMAS, Circuit Judge.

This is a suit in equity for the recovery of money. ’ Plaintiff is appealing from a decree dismissing his amended petition after the court had overruled a motion by plaintiff to transfer from equity to law and had sustained a motion by defendant to dismiss. Both rulings are assigned as error. The denial of the motion to transfer is immaterial if the court properly sustained the motion to dismiss.

The grounds of the motion to dismiss the amended petition are in substance that (1) the petition does not state facts sufficient to constitute a cause of action against the…