Grimm v. Modest

The single question requiring the attention of this court at this time is whether the Court of Appeals was correct in limiting its consideration to the dismissal of the petition and in refusing to review the action of the trial court striking several substantial allegations from the petition.

The plaintiffs' contend that they had the right to elect whether to amend or to rely upon their original petition. They concede the power of the trial court to strike the allegations from the petition and to enter the judgment of dismissal when they refused to amend, but they strenuously insist that both…