Squire v. Guardian Trust Co.

*450OPINION

By McNAMEE, J.

This is the second series of motions attacking the fourth amended petition which have been filed by defendants, A. W. Dean, L. C. Hanna, Jr., and H. P. McIntosh, Jr. In January, 1943, these three defendants, together with defendant Edward A. Petrequin, filed motions asking that the fourth amended petition be stricken because of plaintiff’s alleged failure to comply with previous orders of the court. This request was granted on March 3, 1943, at which time the court also dismissed the action.

On February 16, 1944, 66 N. E. 2d 651, the Court of Appeals reversed the Common…