Bodine & Clark Livestock Commission Co. v. Great Northern Ry. Co.

SAWTELLE, Circuit Judge.

Based upon a sole assignment of error, this is an appeal from a judgment of the District Court in favor of the appellee, the defendant below. The judgment recites that' the plaintiff-appellant' filed its demurrer to the further and separate answer of the defendant-appellee, contained in the amended answer to the second amended complaint of the plaintiff; that the demurrer was overruled; and that the plaintiff stated in open court that it did not desire to plead further, but would rely upon its demurrer. The ease accordingly comes here on the judgment roll.

The appellant…