Daniels v. Tibbets

This is a proceeding in error to the district court of Lancaster county. Defendant in error has filed in this court a motion to dismiss the proceeding for the reason that there has been no judgment rendered or final order made in the court below.

Upon an examination of the transcript we find the following entry made in the district court: “The defendant herein elects to stand on his demurrer heretofore overruled by the court, and excepted to at the time. And now comes the plaintiff by counsel, and the defendant being in default for want of an answer, the court finds the allegations of the…