Show I ODELL COaL CASE IS DISMISSED FOR LACK OF FACTS Mrs Shepherd Given Five Days Days' by Judge Bramel t to toFile File Amended Complain Complaint in ill Third District Cour Court Facts set sot forth Corth by Mrs 1 Hattie nattle Jen Jen- nines Shep Shepherd in the complaint In th tho damage suit brought ht against Dr Thomas G. G O Odell his his' wife wiCe Maud Mauc Hard Harder Odell OdelI and George Georgo T. T Odell ar arnot arnot are not sufficient to constitute a cause causa o ol ot action according to Judge William II Bramel who yesterday sustained a demurrer and gave g Mrs Shepherd five days das In which to file fIlc an amended complaint complaint com corn plaint in the tho Third district court Judge Bramel dismissed th the Jury an and by his action discontinued ed the case un- un unIt tl til it comes before beCore the court as aa a nc new trial Argument on the oral demurrer thai that was mado made in court t Tuesday c e began bes-an yesterday morning Evidence taking taking- had hall proceeded two to days and It was only on agreement of or counsel on or both sides that permission was granted s by the court Conspiracy Is III Charged Mrs Shepherds Shepherd's complaint stated the had conspired to extort from her on promise that Mrs rs Maud Hardy Odell would not sue her for tor alienation of or affections It was stated that Mrs Shepherd paid the sum so 60 that the suit might not be bo brought and her alleged lIe relations with Dr Dl made a public I Points of ot law la regarding Introduction of f evidence had been discussed several times during during- the two days of ot evidence taking and it t agreed yesterday Lq- Lq dispose of ot the question before gong goIng goIng go- go Ing ng on with the trial Counsel for Cor the defense contended that Mrs Odell had a cause causo of action against ne Mrs Mr Shepherd at the time the settlement was made and that she had hadi hada a i right to o settle for the amount which Is S said to ha have been paid Mrs Sheperd's Shepherds Shepherd's Shepherds Shepherd's Shep Shep- herds herd's counsel contended that the mone noney was obtained through a a. conspiracy conspiracy racy acy of the tho defendants Court Ined Judge Bramel in sustaining the demurrer de- de said saidI I 1 have read the complaint over and Lave have heard It argued The court is ot f the opinion that tho the complaint lacks Jacks Lay any fundamental legal proposition upon which to stand bland Hero lIere it Is shown that he the plaintiff and Dr Odell engaged in certain ertain transactions that o gave Maud I lIard Jardy Odell a cause of ot action against ae his this plaintiff and that the tho plaintiff in n settling settling- that causo cause of or action paid Maud laud Hardy Odell a sum of f mone money I It is further alleged that George Gcorge T T. doll the father Cathor of or Dr DT Odell advised and ind counselled with Maud Hardy Odell Od ll llIn In n that settlement Now under the law aw he being a relative by marriage e would ha have hae e the privilege e of or giving gl such uch advice as he thought proper in inho inho ho tho case to Mrs Odell Whatever ho said aid to her and whatever ho coun- coun died her to do was as in the nature orwell of or well well It was tho the same privilege character char- char acter as advice from attorney to a a. heat client doctor to a patient one of ot those family relationships that allows a par par- t y 3 to take part in advising the other othern In n regard to troubles and a settlement wa vas cas made It Is my opinion that none of or the arc are liable to the plaintiff upon non the facts sot forth in the com corn They The objected and thi this is my U I i n g The objection Is sustained and the ourt court refuses to proceed further In tho the thease cas ase and the tho plaintiff is given five I e das da's la ays s In which to amend tho the complaint but Ut the tue court will not hold the tho Jurors here Lore |