Bolser v. Arnold

The Common Pleas Court sustained in part the defendant’s motion to strike from the second amended petition and the plaintiff not desiring to plead further, the court made an order dismissing the action “with prejudice to any future action at the costs of the plaintiff.”

This appeal therefore presents two questions:(1) Did the court err in making the order to strike? and, .(2) Was the form of the judgment in compliance with law?

Error in the first respect would require a reversal of the judgment. Error in the second respect would require a modification and an affirmance as modified.

Error in both…