State Ex Rel. v. Board of Com'rs of Lincoln County

It is urged that the appeal should be dismissed because the appeal is by transcript.

The trial court sustained demurrer to the petition and upon refusal of plaintiff to amend dismissed the action. In urging dismissal of this appeal it is said that plaintiff’s election to stand or the refusal to amend is equivalent to a motion by plaintiff to dismiss, and that such a motion to dismiss cannot be reviewed upon transcript. We do not agree that such proceedings amounted to a motion on the part of plaintiff to dismiss.

It is further urged that the appeal should be dismissed because it is said that…