Security Bank v. National Mutual Assurance Ass'n

Security Bank prays for a rehearing, urging that the court erred in not acting specifically upon the exception of no cause and no right of action filed and made a part of the record. This exception was not acted on specifically; the word “filed” written on it had been signed by a deputy clerk, but without any date showing when it had been done. Then, again, the minutes did not state that the exception had been filed and ruled on in the lower court. Plaintiff’s brief states that it was overruled; but we are guided in such matters by the minutes. The minutes did not show any ruling; therefore…