Cosgrove

— The plaintiff, going by the name of Ida M. Carroll when a certain agreement, marked “Exhibit A,” to the amended complaint herein, was entered into, which affected certain of her rights and interests, brought this action against the defendant, Fisk, under her present name of Ida M. Cosgrove. The complaint was demurred to upon several grounds, and the demurrer sustained. Thereupon the plaintiff declined to amend the complaint, leave having been given her to do so; judgment was made and entered that she take nothing by her action, and that the same be dismissed. From that this appeal is taken.

The complaint contains but one count, and has united therein and mingled together a cause of action based upon the incurring by the plaintiff of sixty dollars costs, etc., in having to bring suit against the defendant to force him to comply with his agreement in writing to reconvey certain lands and premises to the plaintiff, which she had before that conveyed to him, which sum of money, claimed to be reasonably due the plaintiff by the defendant, it is alleged he refuses to pay, with a cause of action, based upon the alleged fraud, malice, and oppression of the defendant, which omits to…