KERNS, J.
This is an appeal on questions of law from an order of the Dayton Municipal Court wherein the defendant's demurrer to the plaintiff's third amended petition was sustained, and, the plaintiff electing not to plead further, the cause was dismissed.
Omitting its formal caption, the third amended petition reads as follows:
"1. Plaintiff for her cause of action says that at all times herein mentioned she was and is the parent and natural guardian...
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