Fish v. Fish

STONE, Judge.

On February 9, 1955, plaintiff filed her petition in two counts captioned “Action for Accounting and Partition.” No issue is presented on this appeal with respect to the second count, in conventional form for partition of certain real estate owned by plaintiff and defendant, her former husband, as tenants in common, and plaintiff’s-appellant’s complaint is directed solely to dismissal of the first count of her petition in response to defendant’s motion to dismiss for failure to state a claim upon which relief could be granted.

In the first paragraph of the first count, plaintiff…