Averett v. McKenzie

On three occasions the defendant filed exceptions pendente lite to the trial court’s overruling of certain of his general and special demurrers. In a bill of exceptions assigning error solely upon these exceptions pendente lite, he now attempts to come to this court for a review. “While the losing party, under repeated rulings of the Supreme Court and this court, has the option of having reviewed a judgment on demurrer by a direct bill of exceptions or to have certified and filed exceptions pendente lite, if the latter course be pursued, the ruling on demurrer becomes a pendente lite ruling…