Reilly v. Hopkins

This action, as originally brought, was against S. B. Hopkins and wife and one W. D. Godefroy as defendants. The complaint sought rescission as against Hopkins and wife and damages for fraud against Godefroy. To the complaint a demurrer was interposed and sustained on the ground that there was an improper joinder of causes of action. Thereafter an amended complaint was filed against Hopkins and wife alone. After the issues were joined, the case came on for trial before the court without a jury. At the conclusion of the plaintiffs’ evidence, the defendants moved for a dismissal, and this…