Roth Tool Co. v. Champ Spring Co.

— In this case portions of a third amended petition filed by the appellant were stricken ont on motion of the respondent in the court below and, on a subsequent motion, the court assessed treble costs against the appellant and dismissed its cause, for the reason that three petitions had been filed by it which had been ruled defective on motions of the respondent and no other petition could be filed. An exception was saved to those rulings, and we think seasonably saved by a proper bill of exceptions, though that point is disputed by the respondent.

To determine whether the dismissal of the…