O'Hara v. Rutherford

On April 25, 1939, the judge of the superior court signed the following order or judgment in this case: “The second, third, and fourth grounds of demurrer are hereby sustained, with the right of the plaintiff to amend within thirty days. Upon failure to so amend, petition stands dismissed. Numerous of the remaining grounds and a substantial part of the demurrer are questions of fact for determination by a jury, if established; therefore grounds one to twenty-two inclusive, with the exception of the second, third, and fourth grounds of demurrer as above stated, are overruled.” It appears in…