Jones v. Darling

The record shows that the defendants filed general demurrers to the plaintiffs’ petition in which it was alleged that the petition, “does not as a whole, nor do any of its several paragraphs or parts show a cause of action against said defendants,” and that, “said petition shows upon its face that the instrument sued upon is a wagering contract and is therefore illegal and void.” These demurrers were overruled and no exception was taken to such judgment by the defendants. Therefore, it became *642the law of the case that the plaintiffs’ petition set forth a cause of action against the defendants.…