Mermell v. McKinley

The appellants were the defendants in- an action in equity instituted by the appellee as. plaintiff. The court dismissed the plaintiff’s, third amended complaint on the ground that this complaint failed to allege a cause of action in equity, and the court transferred' this cause to the law side of the court with . leave to the plaintiff to file an amended complaint at law. The defendants appeal, contending that the court erred in transferring the cause to the law side because the plaintiff cannot have an action at law. We are of the opinion that this contention is premature and affirm.

The…