Bankers Health & Life Insurance v. Kimberly

1. The defendant demurred to the petition. On June 25, 1937, the court passed the following order: “It is ordered that the within demurrer be and the same is hereby sustained and said suit dismissed, unless plaintiff amends said petition within twenty days to meet the demurrer.” An amendment, which met the demurrer, was presented to and allowed by the court on July 1, 1937; and the amendment was left with the judge, at his request, together with the other pleadings, to be returned to and filed with the clerk of said court, but this was not done until August 12, 1937. The defendant made a…