Simmons v. Simmons

(After stating the foregoing facts.) As we view this case it is only necessary to consider the exceptions to the judgment overruling the plaintiff’s special demurrer. It is our judgment that the court erred in refusing to sustain the demurrer and in not striking that portion of defendant’s plea which showed affirmatively that the matters set forth in paragraph 8 to 13 inclusive were not only foreign to the issue, but concerned parties different from those named in the petition. The harmful effect of permitting these transactions to go to the jury and to be read and considered by them is…