Lester v. Brier

— We recognize as correct the rule that a plaintiff may state his cause of action in different forms, and that it is not error to refuse to compel 'an election, or to deny a motion to strike out some of the paragraphs of the complaint; but it does not follow from this that a judgment will be reversed where a demurrer is sustained to one of several paragraphs in a case where there are other paragraphs like the one held bad, and which state the same cause of action and in the same form. Where the paragraphs left standing entitle the plaintiff to the same relief as, and require of him no other…