Tingle v. Maddox

Grice, Justice.

1. Where, as in this case, an order of dismissal, the bill of exceptions, and a note by the judge in his certificate show that the court intended to pass upon and determine only as to the cause of *758action and questions presented by a general demurrer to tlie petition, the judgment will be so treated, and grounds of special demurrer will not be considered, especially where the ease is so construed and argued by counsel on both sides. The fact that the petition may have joined an action ex contractu with one ex delicto, as stated in a note by the judge to the bill of exceptions,…