State Highway Department v. Hewitt Contracting Co.

Deen, Judge.

Since no paragraph relating to the elements of damage held by this court to set out a cause of action has been changed or affected by the renewed demurrers, it follows that the case continues to set forth a cause of action regardless of the content of the amendment. To arrive at this conclusion, it was necessary for the court to examine the amendment filed, that is, to look to the merits of the case, in order to see whether the general demurrer to the petition as amended was good. Since error is enumerated on overruling the general demurrer this court must take jurisdiction to…