DINEEN v. SULLIVAN

No. 8877

213 P.2d 241 (1949)

123 Mont. 195

DINEEN et al. v. SULLIVAN et al.

Supreme Court of Montana.

Rehearing Denied January 19, 1950.


Attorney(s) appearing for the Case

Albert C. Angstman, Helena, for appellants.

Ralph J. Anderson, Helena, J.R. Wine, Sr., Helena, argued orally.

John F. McGough, Boulder, Toomey, McFarland & Wagner, Helena for respondents.

Edmond G. Toomey, Helena, Charles N. Wagner, Helena, argued orally.


FREEBOURN, Justice.

This is an appeal from an order of the district court of the Fifth Judicial District of the State of Montana, in and for the County of Jefferson, dismissing the action, after sustaining a demurrer to the amended complaint upon plaintiff's refusal to further plead.

A demurrer had been sustained to the original complaint and the amended complaint was then filed. The amendment consisted in the main of the allegations in paragraph III.

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