Brinsfield v. Robbins

Bell, Justice.

The court did not err in sustaining the demurrer and dismissing the petition. Regardless of other questions, the plaintiff can not recover unless she can obtain a cancellation of the decree of retraxit as entered in the superior court on July 28, 1930. Code, §§ 3-507, 3-508. If the allegations do not show that she is entitled to this relief, it is quite unnecessary to inquire whether in the absence of such decree the petition states a sufficient cause for cancellation of the settlement receipt and the alleged retraxit as signed by the plaintiff, or of the judgment of the court…