Janzen v. Troth

The opinion of the court was delivered by This appeal involves rulings of the trial court striking one paragraph of the allegations of a cause of action, sustaining a demurrer to that cause of action and striking another cause of action. On July 24, 1947, Eldora M. Janzen commenced an action against D.B. Troth, Jr., and William D. Smith, to recover money damages. By reason of motions of the defendants and rulings of the court, amended petitions were filed which need not be noticed here. On November 2, 1949, plaintiff filed her fourth amended petition in which she pleaded three causes of action. The present appeal grows out of the allegations of the first and third causes of action. The second cause of action is not involved and will not be noticed.