Baber v. Page

Kelly, P.,

delivered the opinion of the court.

This is a proceeding by notice of motion for judgment based upon alleged malicious prosecution. The defendants demurred to the original notice and the court sustained the demurrer, with leave to the plain*490tiff to amend. Thereupon the plaintiff filed an amended notice, the defendants again demurred, and the court entered the following order, to which this writ of error was awarded, to-wit:

“This day came again the parties by their attorneys, and the written demurrer with grounds therefor to the amended notice and each count thereof heretofore filed…