Macomber v. Cottrell

In the light of the chancery practice as it existed in 1909, the legislature of that year provided—

“ That when an appeal is taken from an order sustaining or overruling a general demurrer the case shall, upon decision thereof by the Supreme Court, be remanded to the circuit court in chancery, and the complainant may *354amend his bill of complaint * * * within such time as the Supreme Court may prescribe, and the cause shall then be disposed of as though no appeal had been taken.”

This language is plain, simple, and unambiguous, and I am convinced that it means what it says — that, after a…