Conrad v. Sarver

This is an appeal on questions of law from a judgment of the Probate Court, dismissing the second amended petition of plaintiff after the sustaining of a demurrer thereto, plaintiff electing not to plead further. There are two grounds for the demurrer, first, that the second amended petition does not state a cause of action, and, second, that several causes of action are improperly joined.

The court sustained the demurrer on both grounds. In the second amended petition, the ’ plaintiff avers that the final account of the executrix of decedent’s estate was approved and confirmed on October 2,…