Callaway v. Western Union Telegraph Co.

On Motion for Rehearing.

It is insisted in the motion for rehearing, in addition to the other criticisms of the original opinion herein, that this court erred in holding that the general demurrer to plaintiffs’ petition was properly sustained, for the reason that the plaintiffs were permitted to amend their original petition and filed same in the cause, and that this superseded the defendant’s general demurrer, as contained in its original answer.

We cannot sustain this contention. In the first place, the trial court refers to a general demurrer in the judgment, and the presumption is that such…